Harris v. Fed. Way Pub. Sch.

• Decision Date: 28 February 2022
• Docket Number: 81179-7-I
• Parties: Dinitia HARRIS and, Roderick Harris, each individually and on behalf of the Estate of Allen Harris, and the beneficiaries of the Estate, Respondents, v. FEDERAL WAY PUBLIC SCHOOLS, a local government entity, Appellant.
• Court: Washington Court of Appeals

21 Wash.App.2d 144

505 P.3d 140

Dinitia HARRIS and, Roderick Harris, each individually and on behalf of the Estate of Allen Harris, and the beneficiaries of the Estate, Respondents,

v.FEDERAL WAY PUBLIC SCHOOLS, a local government entity, Appellant.

No. 81179-7-I

Court of Appeals of Washington, Division 1.

FILED February 28, 2022

Michael Barr King, Jason Wayne Anderson, Carney Badley Spellman PS, 701 5th Ave. Ste. 3600, Seattle, WA, 98104-7010, Patricia Kay Buchanan, Charles Philip Edwar Leitch, Patterson Buchanan Fobes & Leitch, Timothy Hall Campbell, Attorney at Law, 1000 2nd Ave. Flr. 30, Seattle, WA, 98104-1093, Nicholas Carlson, Ogden Murphy Wallace, P.L.L.C., 901 5th Ave. Ste. 3500, Seattle, WA, 98164-2059, for Petitioner.

John Robert Connelly Jr., Micah R. LeBank, Samuel J. Daheim, Connelly Law Offices, 2301 N 30th St., Tacoma, WA, 98403-3322, Philip Albert Talmadge, Talmadge/Fitzpatrick, 2775 Harbor Ave. Sw, Third Floor Ste. C, Seattle, WA, 98126-2138, for Respondents.

PUBLISHED OPINION

Mann, C.J. ¶1 Sixteen-year-old Allen Harris fatally suffered a sudden cardiac arrest

during a summer football conditioning workout at Federal Way High School (FWHS). Allen's parents Dinitia and Roderick Harris, individually and on behalf of the estate (Estate), sued the Federal Way Public School District (District).¹ The Estate alleged, in part, that the District owed an enhanced and solemn duty of reasonable care to protect its students. The Estate asserted that the District breached that duty by, among other things, failing to create a medical emergency response plan, failing to properly train its coaches, failing to provide prompt and immediate medical attention, and otherwise failing its obligations to protect student athletes in its charge from foreseeable harms including those caused by sudden cardiac arrest

.

¶2 We granted discretionary review to consider the District's appeal of the trial court's decision denying the District's motion for summary judgment and dismissal of the Estate's claims. The District argues that: (1) the trial court erred in not dismissing the Estate's negligent-training and negligent-supervision claim when it is undisputed that vicarious liability applies to the coaches’ conduct, (2) the trial court erred in failing to apply the RCW 4.24.300(4) gross-negligence standard to the Estate's vicarious liability claim, and (3) the District's coaches exercised at least slight care as a matter of law. We disagree and hold that the District owed a duty to Allen arising out of the special relationship between school and student. We also hold that RCW 4.24.300(4) applies to individual employees and not the District. We affirm.

FACTS

¶3 On July 24, 2018, the FWHS football team held an optional official summer football conditioning workout.² Coaches Carl Green, Jared Wren, and Elijah Miller supervised the workout. Coach Green was in charge of the practice. During football practices, FWHS normally has an athletic trainer present. During summer conditioning, including the July 24 workout, FWHS does not have their athletic trainer present. Approximately 25 players were in attendance. The temperature started in high 70s and reached the low to mid-80s during the day. The players finished three wind sprints and were returning to the goal line for the fourth set of sprints. They had been sprinting for 15 to 20 minutes. At approximately 2:39 p.m., and prior to starting the fourth set of sprints, Allen collapsed and began having what appeared to be seizures. Allen had no history of seizures and no head trauma

when he collapsed.

¶4 Coach Green took control of the situation, describing Allen as initially unresponsive with "eyes back in his head and seizing." Coach Miller called 911 at 2:39:38 p.m. Miller told the 911 dispatcher that Allen was unconscious and seizing. Approximately 5 minutes into the 911 call, Coach Miller again told the dispatcher that Allen was "still not conscious." No one performed cardiopulmonary resuscitation

(CPR) and no one went to obtain the school's automated external defibrillator (AED). According to Coach Green, it would have taken 15 to 20 seconds to retrieve the nearest AED located in the stadium office. Coach Miller testified that he did not know where the AEDs were located at the time Allen collapsed. Coach Green believed Allen's seizure was heat related and asked another player to pour cold water on his head.

¶5 The EMTs arrived at the field at 2:47:15 p.m. and were at Allen's side at 2:48:30 p.m. The EMT report stated, "16 y/o male, cardiac arrest

, witnessed collapse, no med hx, PT at football practice, no complaints prior to collapse. PT found unconscious and unresponsive, pulseless." The EMTs began CPR at 2:49 p.m., and the first AED shock was administered at 2:52 p.m. The estimated time from collapse to the first CPR was 10 minutes and the time from collapse to the first AED shock was 12 minutes and 22 seconds. Allen was transported to St. Francis Hospital where he died approximately two hours later. Sudden cardiac arrest

was the only diagnosis to explain Allen's death.³

¶6 On February 9, 2019, the Estate brought the underlying action for negligence against the District. The Estate did not name the individual FWHS coaching staff. The Estate alleged, in part, that the District owed an enhanced and solemn duty of reasonable care to protect its students. The Estate asserted that the District breached that duty by, among other things, failing to create a medical emergency response plan, failing to properly train its coaches, failing to provide prompt and immediate medical attention, and otherwise failing its obligations to protect student athletes in its charge from foreseeable harms including those caused by sudden cardiac arrest

.

¶7 The District moved for summary judgment on two grounds. First, the District moved to dismiss the Estate's direct claims for negligent training and supervision of its coaches. The District argued that negligent training and supervision were not viable claims because vicarious liability applies. Second, the District moved to dismiss the vicarious liability claim. Under RCW 4.24.300(4), the District argued, the coaches’ conduct must be judged under a gross negligence standard. The District asserted, as a matter of law, that the coaches exercised at least slight care—they responded to what they believed was a seizure.

¶8 The Estate opposed summary judgment. The Estate provided testimony of experts establishing its prima facie case of negligence against the District based on its common law duty to Allen arising out of its special relationship.

¶9 Dr. John Spengler, a professor in the Department of Health Promotion and Community Health Sciences at Texas A&M University, testified:

Based on my review of the evidence in this case and based on my knowledge, training, and experience, it is my opinion that the Federal Way Public School District failed to create and implement an effective Emergency Action Plan,^{[4 ]} failed to train their coaches to identify and respond to [sudden cardiac arrest

] and that these failures, among others, led to critical delays that ultimately cost Allen Harris his life. The coaches were not prepared to respond to medical emergencies, failed to identify that Allen was having a sudden cardiac arrest, and failed to respond appropriately. No one performed CPR and the nearby AED was not obtained and was not used.

¶10 Patrick Jenkins, the former head athletic trainer for the University of Washington, testified:

It is my opinion that a properly trained coach or athletic trainer would have immediately identified the classic signs of [sudden cardiac arrest

] and that appropriate steps would have been taken. These include CPR and obtaining the AED located in the stadium office. The AED was 20-30 seconds away and could have been applied within a timely manner. Had this occurred, it is more likely than not that Allen Harris’ death would have been avoided.

¶11 Dr. Jonathan Drezner, a professor of medicine with the University of Washington and the team physician for the Seattle Seahawks and University of Washington Huskies, opined:

Federal Way High School and the Federal Way School District did not prepare their coaches or staff to properly and effectively recognize and manage [sudden cardiac arrest

] in a student athlete.

a. Some coaches were not trained according to district and/or WIAA [Washington Interscholastic Activities Association] policy.b. There was no scheduled practice drill, review or rehearsal of a medical emergency response for [sudden cardiac arrest

].

c. No administrator, school health professional, or certified athletic trainer ever reviewed or practiced the emergency action plan for [sudden cardiac arrest ] with the football coaches.

d. WIAA training clearly states to assume [sudden cardiac arrest ] in a collapsed and unresponsive athlete with seizure-like activity.

i. The cause of Allen Harris's collapse was misinterpreted as a seizure by the responding coaches.

....

ii. This led to critical delays in CPR and defibrillation.

e. The lack of training and emergency preparedness is below state and national standards of care and does not fulfill requirements within 2013 Washington State law (Substitute House Bill 1556; Guidelines for Medical Emergency Response and Automated External Defibrillator Program Implementation).

¶12 He further testified that Allen would have survived but for the District's negligence: "[i]f his [sudden cardiac arrest

] was properly recognized and promptly treated after collapse it is more likely than not that Allen Harris would still be alive."

¶13 The trial court denied summary judgment. We granted discretionary review under RAP 2.3(b)(1).

ANALYSIS

¶14 We review an order on summary judgment de novo. Meyers v. Ferndale Sch. Dist., 197 Wash.2d 281, 287, 481 P.3d 1084 (2021). "Summary judgment is appropriate where there is no genuine issue as to any material fact, so the moving party is entitled to judgment as a matter of law. We ...