Gasper v. Freidel

• Citation: 450 N.W.2d 226,58 Ed.LawRep. 284
• Decision Date: 19 October 1989
• Docket Number: No. 16540,16540
• Parties: 58 Ed. Law Rep. 284 Donald H. GASPER and Katherine Gasper, As Guardians Ad Litem of Todd J. Gasper, A Minor, Plaintiffs and Appellants, v. Douglas FREIDEL, Todd Meyer, William Carda, Tom Svatos, Jane Drapeaux, Sherry Soulek, Harold Ingalls, Alvin Archambeau, Beverly Steinmark, and Larry Johnson, Defendants and Appellees. . Considered on Briefs
• Court: Supreme Court of South Dakota

Page 226

450 N.W.2d 226

58 Ed. Law Rep. 284

Donald H. GASPER and Katherine Gasper, As Guardians Ad Litem of Todd J. Gasper, A Minor, Plaintiffs and Appellants, v. Douglas FREIDEL, Todd Meyer, William Carda, Tom Svatos, Jane Drapeaux, Sherry Soulek, Harold Ingalls, Alvin Archambeau, Beverly Steinmark, and Larry Johnson, Defendants and Appellees.

No. 16540.

Supreme Court of South Dakota.

Considered on Briefs Oct. 19, 1989.

Decided Jan. 3, 1990.

Wally Eklund of Johnson, Eklund & Davis, Gregory, for plaintiffs and appellants.

Gerald Reade and Celia Miner of Brady, Reade & Johnson, Yankton, for defendants and appellees.

MORGAN, Justice.

Todd J. Gasper (Gasper) appeals orders granting summary judgment in favor of Superintendent William Carda (Carda), Lake Andes School Board members Tom Svatos, Jane Drapeaux, Sherry Soulek, Harold Ingalls, Alvin Archambeau, Beverly Stein, Mark and Larry Johnson (collectively referred to as Board unless noted otherwise) and coaches Douglas Freidel (Freidel) and Todd Meyer (Meyer). We affirm.

On June 26, 1985, Gasper, a minor, was participating in a summer conditioning program which consisted of weight training under the supervision of two high school coaches, Freidel and Meyer. Gasper had been active in athletics and intended to participate in football during the fall of his junior year. The conditioning program was held in the wrestling room of the Lake Andes Central School (Andes Central).

Freidel and Meyer were coaches and teachers in the Lake Andes School District. Both were fully certified as teachers and athletic coaches by the State of South Dakota and under contract to the school district for 1985-86 school year. Though regular school activities had ceased prior to June 26, 1985, Freidel's and Meyer's contracts contained the following clause: "It is hereby agreed that the said teacher may be required to perform pre-school term and post-school term duties as set forth in the policies of the school district." Both Freidel and Meyer were paid on a twelve-month basis, even though the regular school term is only about nine months.

Freidel was the head football coach and Meyer served as his assistant. As a part of the general preparation for the football program, Freidel had started a summer weight lifting and conditioning program in 1984 for any current or prior students of Andes Central. Meyer was assisting Freidel with the program during the summer of 1985. The purpose of the program was to offer an opportunity for students to generally improve their physical condition and confidence. The affidavit of Marlyn Goldhammer, Executive Secretary of the South Dakota High School Activities Association (SDHSAA), established that the Andes Central conditioning program complied with all SDHSAA out-of-season conditioning rules. Additionally, the uncontroverted affidavit of Max Hawk, an expert in physical education, established that the weight-lifting facility maintained by Andes Central was a reasonable and proper facility for the weight lifting and conditioning program. All equipment required only minimal supervision by the coaches. The equipment, weights, and mats provided were proper and appropriate.

In the spring of 1984, Freidel had asked Carda if a summer weight-conditioning program could be run at Andes Central. Carda authorized the program. Previously, Board had delegated all executive and supervisory authority to its employees and, in particular, delegated the direct authority to administer the school system to Carda. Carda knew that Freidel had training and experience with weight lifting. Board was fully aware that the conditioning program was taking place during the summers on Andes Central property.

In preparation for the weight-lifting activity Freidel, assisted by two athletic coaches, held an in-depth clinic for the students. During this session, the students were shown how to safely use the weight-lifting equipment and trained in the necessity of using spotters when free weights were being used. Gasper attended the clinic. He had been trained to properly warm up, to lift correctly, and to use spotters whenever he was using the squat rack. The squat rack is a heavy metal stand that supports a bar, collars, and free weights. A lifter moves under the bar and supports the bar and weights upon his shoulders before stepping outside the support of the squat rack. Once the lifter steps back from the squat rack, he is supporting a considerable amount of weight with his legs, back, and shoulders; thus the need for spotters.

On the morning of June 26, 1985, Freidel opened the weight-lifting room about 11:00 A.M. Art Westendorf (Westendorf), a student, was waiting to work out. Shortly after 11:00 A.M., Meyer stopped in. A second student, Jamie Boetel (Boetel), then arrived and also began working out. Gasper arrived at the weight room about noon and began exercising at the bench press. Just prior to the accident, the three boys were all working out--Westendorf doing side lifts, Boetel at the squat rack, and Gasper at the bench press.

Freidel and Meyer were seated on two rolled-up wrestling mats in the vicinity of the squat rack, talking to each other. Whenever Boetel requested, Westendorf and Freidel would spot for Boetel as he did sets with the heavy weights. Boetel completed his workout in the squat rack and left 335 pounds of weight on the bar. As Boetel left the squat rack, Gasper came under the bar and into the rack. Boetel told Gasper to wait while Boetel found him a weight-lifting belt that fit properly. Gasper did not wait. Instead, without requesting any assistance, he moved into the rack, lifting the 335 pounds upon his shoulders. Gasper admitted that he had not warmed up properly and knew he was to have spotters when lifting this amount of weight. Without spotters to stop him, Gasper lost his balance and stepped backwards out of the rack, falling to the floor in a jackknife position with the weights on his shoulders. When asked why he tried to lift 335 pounds without spotters and proper warm-up, Gasper replied, "Because I could do it."

Gasper's parents, as guardian ad litem, filed suit against Carda, Board, Freidel, and Meyer, alleging that defendants' permitted an unauthorized and unlawful conditioning program without proper supervision on Andes Central facilities which proximately caused the injury to Gasper. The trial court granted motions of summary judgment in favor of all defendants on the grounds of sovereign immunity.

Gasper raises one issue on appeal: Whether sovereign immunity applies to shield the school superintendent, the school board members and the teacher/coaches from liability when a student is injured in a summer weight-conditioning program?

The standard of review of the grant or denial of summary judgment is well established.

In reviewing a grant or a denial of summary judgment under SDCL 15-6-56(c), we must determine whether the moving party demonstrated the absence of any genuine issue of material fact and showed entitlement to judgment on the merits as a matter of law. Groseth Intern., Inc. v. Tenneco, Inc., 410 N.W.2d 159, 164 (S.D.1987). The evidence must be viewed most favorably to the nonmoving party and reasonable doubts should be resolved against the moving party. Wilson v. Great Northern Ry. Co., 83 S.D. 207, 212, 157 N.W.2d 19, 21 (1968). The nonmoving party, however, must present specific facts showing that a genuine, material issue for trial exists. Ruane v. Murray, 380 N.W.2d 362, 364 (S.D.1986). Our task on appeal is to determine only whether a genuine issue of material fact exists and whether the law was correctly applied. If there exists any basis which supports the ruling of the trial court, affirmance of a summary judgment is proper. Weatherwax v. Hiland Potato Chip Co., 372 N.W.2d 118 120 (S.D.1985); Ruple v. Weinaug, 328 N.W.2d 857, 859-60 (S.D.1983).

Pickering v. Pickering, 434 N.W.2d 758, 760-61 (S.D.1989). Summary judgment is usually not appropriate in negligence actions because the standard of a reasonable man must be applied to conflicting testimony. Laber v. Koch, 383 N.W.2d 490 (S.D.1986). If, however, the facts are undisputed, the issue becomes one of law for this court to consider. Bego v. Gordon, 407 N.W.2d 801 (S.D.1987).

Gasper contends that coaches Freidel and Meyer are not shielded by sovereign immunity because the summer conditioning program was not a school activity and they were not working under their teaching contracts; therefore, they were outside their scope of employment and not protected. Additionally, Gasper argues that Carda and Board are not shielded by sovereign immunity because there was no official approval by the school for the use of the facilities; therefore, they, too, are not protected. We disagree as to all defendants and believe that summary judgment was appropriate. For clarity's sake, we will examine sovereign immunity as it applies to each type of defendant.

SCHOOL BOARD MEMBERS

In Bego, this court summarized the law on school board immunity as follows:

School districts are state agencies exercising and wielding a distributive portion of the sovereign power of the state, and the officers of school districts are the living agencies through whom the sovereign state act is carried into effect. A school district officer in the performance of his duties acts in a political capacity as much so as the governor of a state and is not liable for negligent acts of omission occurring in the performance of such political or public duties unless the sovereign power of the state has authorized and consented to a suit for such negligence.

407 N.W.2d at 804 (quoting Merrill v. Birhanzel, 310 N.W.2d 522 (S.D.1981), and Plumbing Supply Co. v. Board of Education, 32 S.D. 270, 272-73, 142 N.W. 1131, 1132 (1913).

At the time of this accident, there was no legislative consent to expose school districts to tort liability. ^* Holland v. Yankton School Dist. 63-3, 375 N.W.2d 199 (S.D.1985). Put...