Free Lust on the Rocks by Dianne Venetta Page A

and I think we have a blockbuster win.”
    “Except for one small detail.  Perry is not legally required to make these units available, and therefore has no legal responsibility for the absence thereof.”
    “Negligence.”  He whipped a glance between the two.  “In facilities nationwide, Perry advertises state-of-the-art exercise equipment combined with state-of-the-art experience.  My contention is, they should provide state-of-the-art safety equipment right along with their state-of-the-art everything else.”
    “Every client signs a release, Vic.”  Sam tapped the pen against her fingertips.  “A liability waiver holding themselves responsible for their actions.  Every individual assumes the risk of working out at a facility, including one that does not provide AEDs.”
    “Sure they do, but Perry still posts signs that advise clients of the risks associated with using said equipment.  I assert they do so,” Vic said, assuming a more forward posture, “because it’s their duty and obligation to provide reasonable and expected first aid care, in the event of emergency.  Forewarned, because release signature or not, they know it’s their duty to provide a safe environment for the public’s welfare.”
    “He has a point,” Diego said.
    She’d known Vic was a smart hire from the get-go.  She didn’t know he was going to blossom into a full-fledged pit bull.  And so damned attractive when he was fired up, she thought, eyes blazed with conviction, skin colored with passion.
    She gave a silent grunt of appreciation.  The man was fine.
    “Well?”
    Diego glanced aside to Vic and held the same question in his eyes.
    “Let me get this straight,” she began, noting how Vic sat straighter, his stance almost combat-ready.  He was like a soldier in the heat of battle prepared to defend his position.  “You want to claim wrongful death on the basis Perry should have foreseen the danger to their clientele, forked over thousands of dollars to install AEDs in every facility, despite the fact the law doesn’t require them to do so.  They should have trained their staff on the proper procedure for operating said devices and ignore the public at large, who would most probably take it upon themselves to use the defibrillators—incorrectly, mind you—causing injury to themselves and loved ones, for which they would then turn around and sue the fitness center for installing the dangerous devices in the first place.”
    Diego laughed. “God, Sam.  You’re such a pessi-mist!”
    She held Vic’s gaze.  “I’m a realist who intends to win this case.”  She raised her brow and said, “You prove to me this is the best way to accomplish that goal and I’ll show you happy and giddy.”
    “I’m showing you,” he said, the point clenched tightly in his jaw.  “The standard of care is changing.  We won a similar case against a casino, where a woman died of a heart attack while playing the slot machines.”
    “A casino?” Diego asked.
    “Yeah, a casino.”  Vic thrust a glance toward Diego, but continued to speak to her, “Their clientele consists largely of middle-aged and older people who get extremely worked up over winning and losing.  In our case, the jury found it was a foreseeable event that one of their customers might keel over and die of a heart attack.”  He leaned back a notch and slowed his delivery, “Considering the fortunes they earned every day, the devices were deemed a cost-proportionate method of caring for the safety of their patrons.”
    “How much did you get?” Diego asked.
    Vic turned to him.  “Five point two million.”
    “Damn,” he replied, impressed.
    “Was the verdict overturned on appeal?” Sam asked.
    “Yes,” he admitted without backing down an inch.  “But the casino reached an agreement with the plaintiff to pay two point two mil—before the verdict came in.”
    “That’s my idea of negotiation,” Diego said, more to Sam than Vic. “Pull in a