Miulli v. Florida High School Athletic
| Decision Date | 14 November 2008 |
| Docket Number | No. 2D07-4613.,2D07-4613. |
| Citation | 998 So.2d 1155 |
| Parties | Kathleen Ann MIULLI, as Personal Representative of the Estate of Matthew Michael Miulli, Deceased, Appellant, v. FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION, INC., and School Board of Hillsborough County, a government entity, Appellees. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Hillsborough County, Claudia R. Isom, Judge.
Nancy A. Lauten of Vaka, Larson & Johnson, P.L., Tampa, and Matthew E. Noyes of Perenich, Carroll, Perenich, Avril, Caullfield & Noyes, P.A., Clearwater, for Appellant.
Shannon Kain, Irene Porter and Mark Hicks of Hicks & Kneale, P.A., Miami, and James J. Evangelista of Fowler, White, et al., Tampa, for Appellee, Florida High School Athletic Association.
No Appearance for Appellee, School Board of Hillsborough County.
Kathleen Ann Miulli, as Personal Representative of the Estate of Matthew Michael Miulli, appeals the order entered by the trial court dismissing with prejudice her second amended complaint which was filed against Florida High School Athletic Association, Inc. ("FHSAA"). Determining that no private causes of action exist for the claims alleged in Miulli's complaint, we affirm.
Miulli sued FHSAA for her son's wrongful death alleging claims of strict liability, negligence per se, and simple negligence. Her complaint averred that Matthew Miulli was engaged in practice, tryout, workout or other physical activity associated with his high school baseball team when he fell to the ground, lost consciousness, and died. As it pertains to FHSAA, the complaint alleged that, pursuant to section 1006.20(2)(c), Florida Statutes (2005), FHSAA was required to adopt bylaws that required all students to pass a medical evaluation prior to participating in interscholastic athletic competitions, tryouts, workouts, or other physical activity associated with the student's candidacy for an interscholastic athletic team. Further, the complaint alleged that the FHSAA was required to adopt bylaws that prohibited participation in such events until the results of the medical evaluation were received and approved by the school. The complaint alleged FHSAA breached its statutory obligation by passing rule 11.8.1 which only requires medical evaluations for participation "in interscholastic athletic practice or competition" and that, as a result of that breach, Matthew Miulli was permitted to engage "in practice, tryout, workout, or other physical activity" associated with the high school baseball team without first securing a medical evaluation and clearance, which resulted in injury of the type that the statute was designed to prevent. The complaint also alleged that, as a direct and proximate result of FHSAA's failure to adopt the statutorily-mandated bylaws, Matthew Miulli died. Finally, the complaint alleged that FHSAA was negligent in failing to adopt bylaws which were clear and understandable for high school athletic programs in its member schools, and the students who participate in them, and in failing to ensure that the high school athletic programs in those schools followed the promulgated bylaws relating to physical examinations.
FHSAA moved to dismiss Miulli's complaint on several grounds including the theory that a claim regarding any statutory violation must be remedied through administrative proceedings and is not subject to a private right of enforcement against the FHSAA in the courts. The trial court granted FHSAA's motion and dismissed Miulli's lawsuit with prejudice. This appeal timely followed.
Miulli contends that the trial court erred in dismissing her complaint with prejudice. We disagree....
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