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California law requires all health clubs to have AEDs, or automatic external defibrillators, available in case anyone encounters heart problems. The law also requires health clubs to train its employees to use them properly and promptly. The reason is obvious – if the proper equipment is not available or health club employees are not able to use it correctly, people will encounter extreme danger that could even be life-threatening. Tragically, that’s what allegedly happened in June when a man went into cardiac arrest and died at a 24 Hour Fitness in Oceanside. In response, the family has filed a wrongful death lawsuit. Senior Trial Attorney Bibianne Fell of Gomez Trial Attorneys are representing the family.
KGTV broadcast a report on the lawsuit. Those interested can find a link to the print version here. Pulu Poumele, a former member of the San Diego Chargers and local high school football coach, went to 24 Hour Fitness on June 4 to play basketball with friends. Mr. Poumele fell into cardiac arrest as they finished the game. The family alleges in its wrongful death lawsuit that 24 Hour Fitness did not train its employees on how to respond to an emergency that involved the use of an AED. The family also alleges that 24 Hour Fitness did not have a trained employee on the facility premises at the time Mr. Poumele fell into cardiac arrest. Mr. Poumele died that same day. He is survived by his wife and five children.
Surviving family members file a wrongful death lawsuit against a party or parties they feel are responsible for a loved one’s death in order to recapture at least some form of loss that is incurred. There are several different types of financial recovery available to plaintiffs in these lawsuits in California, including:
Generally, loss of income damages involve a recovery for the income that the person who was killed would have generated had he or she lived to an average life expectancy. The loss of companionship recovery is compensation for the loss of sharing a life with someone, such as the case here with Mr. Poumele’s wife losing her husband at the age of 44.
When someone loses a loved one unexpectedly, that person and the rest of the surviving family members suddenly find themselves immersed in extremely powerful emotions. These emotions typically include grief, sadness, anger, confusion, frustration, fear and others. People in this situation, particularly people who do not have a legal background, are generally not in a position to deal with the technicalities and particularities of a legal claim. Instead, grieving family members need to have the opportunity to spend time with each other and work through this extremely difficult challenge together.
However, the reality of the situation is that people who wrongfully lose someone they love also need to take action in order to make sure that they are protecting and enforcing their legal rights. As such, family members in this area who face this situation should seek the help of a San Diego wrongful death lawyer who has been standing up for suffering families for more than a decade. If you have lost someone you love, contact Gomez Trial Attorneys today to schedule a free initial consultation.
John Gomez founded the firm alone in 2005. Today, John acts as President and Lead Trial Attorney. He has been voted by his peers as a top ten San Diego litigator in three separate fields: Personal Injury, Insurance and Corporate Litigation. Since 2000, he has recovered over $800 million in settlements and verdicts for his clients with more than 160 separate recoveries of one million dollars or more. A prolific trial lawyer, John has tried to jury verdict more than 60 separate cases.
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