Gehling (P) vs. St. George University (D)

TRUE BLUE ROAD RACE

Presented by: Jonathan Luszcz

INTRODUCTION

• Decided on February 6, 1989

• United States District Court for the Eastern District of New York

• Case No. 86 CV 1368

FACTS

• Earl Gehring was a student at St. George’s University School of Medicine (SGU).• The road race was organized by the students at their own initiative.

FACTS

• The race took place in Grenada in 85°F and high humidity• SGU provided no provisions, however the students did provide water, ice, towels, and medical staff but no ambulance.

FACTS

•Gehling was 25 years old, about 5’10”, 75 lbs. overweight, and suffered from hypertension•Before the race, Gehling took Ephedrine

FACTS

• He collapsed after the race and was attended to immediately• An ambulance arrived in 15 minutes to transport him to St. George’s General Hospital

FACTS

• Gehling was pronounced dead at 12:45AM on April 19, 1982• No care by SGU employees as teachers or in any other capacity rendered care

FACTS

•Heat Stroke is a frequent fatal disorder•Gehling died from a gastric ulcer according to records from Grenada…

FACTS

•Another autopsy was performed and found that Gehling died from cardiac arrest• What induced the health problem was the race under tropical conditions

NO NEGLIGENCE

•SGU was responsible for the property, not the runners•No employees that rendered medical treatment to Gehling were employed by SGU

NO CAUSATION

•No connection between the death and the duty of control •Death was caused by Gehling’s physical condition/weather and not malpractice

ASSUMPTION OF RISK

•Elected to participate•Assumed all dangers of the game•As a sixth year student at a medical school, in charge of his own knowledge and condition

NO LIABILITY FOR SGU HOSPITAL

•SGU General Hospital is controlled by Grenada not the institution.•No proof of medical malpractice or negligence

CONCLUSION

•No negligence by SGU/SGU General Hospital•Death was caused by assumption of risk•Gehling was knowledgeable of his physical condition, weather, and medicine•No proof of medical malpractice or negligence by SGU General Hospital at the end of the race and the hospital