Sartin v. McPike
| Decision Date | 03 November 2020 |
| Docket Number | No. 53248-4-II,53248-4-II |
| Citation | 15 Wash.App.2d 163,475 P.3d 522 |
| Court | Washington Court of Appeals |
| Parties | Christopher W. SARTIN and Rose M. Ryker, individually and as a marital community; and Jill Sacksteder and Charles Sacksteder, individually and as a marital community, Appellants, v. The ESTATE OF Alonzo MCPIKE; Pierce County Public Transportation Benefit Area Corporation, a/k/a Pierce Transit; and MultiCare Health System, a Washington corporation d/b/a Tacoma General Hospital and MultiCare Occupational Medicine; and Richard Gilbert, MD, individually, Respondents. |
Sok-Khieng Lim, Davies Pearson PC, 920 Fawcett Ave., P.O. Box 1657 Tacoma, WA, 98401-1657, Richard Hugh Benedetti, Davies Pearson PC, 920 Fawcett Ave., P.O. Box 1657, Tacoma, WA, 98402-5606, Kathryn N. Potvin, Putnam Lieb Potvin, P.O. Box 337, Olympia, WA, 98507-0337, for Appellants.
Caryn Geraghty Jorgensen, John Thomas Fetters, Raymond Stillman Weber, Stokes Lawrence P.S., 1420 5th Ave. Ste. 3000, Seattle, WA, 98101-2393, Timothy Malarchick, Attorney at Law, 4423 Point Fosdick Dr. Nw Ste. 302, Gig Harbor, WA, 98335-1794, Samantha Kaye Pitsch, Samantha Kaye Pitsch, 1420 5th Ave. Ste. 3000, Seattle, WA, 98101-2393, Daniel F. Mullin, Tracy A. Duany, Mullin, Allen & Steiner PLLC, 101 Yesler Way Ste. 400, Seattle, WA, 98104-3425, for Respondents.
PUBLISHED OPINION
Maxa, J. ¶ 1 Christopher Sartin appeals the trial court's dismissal on summary judgment of a personal injury lawsuit he filed against the Estate of Alonzo McPike and his employer Pierce Transit, and against Dr. Richard Gilbert and his employer MultiCare Health System (collectively, Dr. Gilbert). The lawsuit arose from an incident in which McPike lost consciousness due to cardiac arrest
while driving a Pierce Transit bus, and the bus collided with a vehicle Sartin was occupying. A few months earlier, Dr. Gilbert had conducted a medical examination on McPike as required for renewal of McPike's commercial driver's license (CDL) and had determined that McPike qualified for a CDL medical certificate.
¶ 2 Sartin asserted that (1) although the general rule is that a vehicle driver who suddenly loses consciousness is not negligent unless the loss of consciousness was reasonably foreseeable to the driver, McPike was negligent because his numerous health problems made his loss of consciousness foreseeable; (2) Pierce Transit was negligent for failing to monitor McPike's medical conditions and order fitness for duty evaluations; and (3) Dr. Gilbert was negligent for issuing McPike a CDL medical certificate despite his health problems.
¶ 3 We conclude that (1) as matter of law, it was not reasonably foreseeable to McPike that he would lose consciousness even though he had several preexisting health problems; (2) there is no genuine issue of fact regarding Pierce Transit's independent liability for failure to monitor McPike's medical conditions because there is no evidence that fit for duty examinations would have disqualified McPike from driving a bus; and (3) without deciding Dr. Gilbert owed or breached a duty to Sartin, the trial court did not err in striking Sartin's expert's testimony about cardiac issues and causation, and therefore there is no genuine issue of fact regarding causation.
¶ 4 Accordingly, we affirm the trial court's grant of summary judgment in favor of McPike's estate, Pierce Transit, Dr. Gilbert and MultiCare.
FACTS
¶ 5 McPike was 58 years old at the time of the accident. He had worked for Pierce Transit as a bus operator for approximately 18 years. He had never experienced cardiac arrest
or a sudden loss of consciousness while driving a bus.
Regulatory Background
¶ 6 Pierce Transit bus drivers must maintain a CDL. Federal and state statutes establish Washington's requirements for issuing CDLs. Obtaining a valid CDL requires a driver to undergo an annual medical examination with a medical examiner registered on the National Registry of Certified Medical Examiners list to ensure that he or she is physically qualified to operate a commercial vehicle. Washington also has created a waiver program for intrastate drivers who otherwise would be disqualified for having insulin-dependent diabetes
.
¶ 7 At the CDL medical examination, the driver is advised about the limited scope of the exam for employment purposes only. The driver fills out a form called the Department of Transportation (DOT) long form before the physical examination. The medical examiner reviews the driver's medical history and conducts a complete physical examination. The examiner has the authority to grant or deny a one year medical certificate. The examiner also may issue only a three-month "short card" certificate if the driver has a medical condition that must be treated or resolved.
McPike's Medical History
¶ 8 Dr. Mark Brooks was McPike's primary care physician for over 20 years. He monitored McPike and coordinated care with various specialists. Dr. Brooks acknowledged that McPike had multiple health problems, including diabetes mellitus
, hypertension, high cholesterol and obesity, that increased his risk of developing a heart condition at some time in the future. However, Dr. Brooks stated that McPike never reported precursor signs or symptoms of sudden cardiac arrest. McPike also had no history of coronary heart disease or any other serious heart conditions.
¶ 9 In 2012, Dr. Brooks referred McPike to Dr. Zhiyu Wang to treat McPike's diabetes
. Dr. Wang monitored McPike's condition until shortly before the accident.
¶ 10 In November 2012, Dr. Timothy Larson conducted a cardiac workup on McPike. Dr. Larson subjected McPike to a number of tests, including an electrocardiogram
(ECG) and a cardiac echocardiogram (ECHO). Testing revealed two types of irregular rhythms: premature atrial contractions (PACs) and premature ventricular contractions (PVCs). Dr. Larson considered the findings benign. The ECHO also showed normal heart function and no sign of any coronary artery disease
. Dr. Larson did not recommend a follow up.
¶ 11 In January 2014, McPike took two separate leaves of absence that totaled up to two weeks to manage his diabetes. Pierce Transit did not order a fitness for duty examination upon his return.
¶ 12 In November 2014, Dr. Kirk Harmon performed McPike's annual CDL medical examination. He recorded McPike's blood pressure as 150/72, which was too high for a one year qualification but sufficient for a three month short card. Dr. Harmon informed McPike that he needed to see his primary care physician to get his blood pressure under control. He also recommended that McPike undergo a screening sleep study for sleep apnea
.
¶ 13 Dr. Harmon sent Dr. Brooks a note requesting three blood pressure readings under 140/90. Dr. Brooks saw McPike several times in the next few months and personally took McPike's blood pressure. He recorded readings of 134/70 on November 28, 138/68 on December 16, and 132/70 on January 14, 2015. Dr. Brooks also certified that McPike's blood pressure was under adequate control and that he could drive a commercial vehicle.
¶ 14 In December 2014, McPike underwent a sleep study and was diagnosed with severe sleep apnea
. He began using a continuous positive airway pressure (CPAP) machine to control his sleep apnea.
¶ 15 In January 2015, McPike met with Dr. Gilbert for another CDL medical examination.
Dr. Gilbert reviewed McPike's medical history and conditions and noted that he was taking insulin
for his diabetes. He also reviewed an intrastate waiver application signed by Dr. Wang certifying that McPike's diabetes was not likely to interfere with his ability to drive safely. Dr. Gilbert also reviewed McPike's sleep apnea diagnosis and noted that he was using a CPAP machine to control it.
¶ 16 Dr. Gilbert reviewed McPike's diagnosis of hypertension
and reviewed the compliance letter that Dr. Harmon issued in November 2014. He noted Dr. Brooks’ recent blood pressure results and certification that McPike's hypertension
was under control and that his blood pressure did not prevent him from driving a commercial vehicle. However, Dr. Gilbert measured McPike's blood pressure at 162/64.
¶ 17 Finally, Dr. Gilbert identified an irregular cardiac rhythm, likely PACs. McPike informed him that he had a cardiac workup done within the last year or so and that the results were normal. However, Dr. Gilbert could not locate those records. Dr. Gilbert did not think that McPike's cardiac rhythm likely would interfere with his ability to safely operate a commercial motor vehicle. Dr. Gilbert issued McPike a one year CDL medical certificate.
¶ 18 On March 3, 2015, McPike had a follow up visit with Dr. Wang. Dr. Wang noted that McPike's control of his diabetes
had declined somewhat due to an irregular diet and uncontrolled eating because of his work schedule. Dr. Wang recommended that McPike monitor his blood gas levels. At that time, McPike's weight was 305 pounds and his blood pressure was 140/78. His cardiovascular exam was normal.
¶ 19 On March 27, McPike had a follow up visit with Dr. Brooks regarding his hypertension
. Dr. Brooks noted that McPike's blood pressure was under control and that he had no cardiac symptoms. McPike did not complain of any cardiac issues and there were no abnormalities found on cardiopulmonary exam. Dr. Brooks saw no evidence that McPike had coronary artery disease or that he needed a cardiac referral. The assessment was stable hypertension.
May 2015 Accident
¶ 20 On May 26, 2015, McPike reported for work at Pierce Transit and began his usual bus route around 4:30 AM. Around 8:30 AM, passengers noticed that McPike was slumped in his seat while the bus was in motion. McPike lost control of the bus, which collided with the back of another vehicle. Sartin was a passenger in that vehicle.
¶ 21 Doctors later determined that McPike had suffered a cardiac arrest
. Sudden cardiac arrest occurs when the electrical system to the heart malfunctions, often causing immediate loss of consciousness.
¶ 22 When...
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Lavington v. Hillier
...elements of the claim. We disagree.1. Standard of Review¶ 24 We review summary judgment orders de novo. Sartin v. Estate of McPike , 15 Wash. App. 2d 163, 172, 475 P.3d 522 (2020), review denied , 196 Wash.2d 1046, 481 P.3d 553 (2021). We view all the evidence and apply reasonable inference......
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Lavington v. Hillier
...claim. We disagree. 1. Standard of Review We review summary judgment orders de novo. Sartin v. Estate of McPike, 15 Wn.App. 2d 163, 172, 475 P.3d 522 (2020), review denied, 196 Wn.2d 1046 (2021). We view all the evidence and apply reasonable inferences in the light most favorable to the non......
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Lavington v. Hillier
...We disagree. 1. Standard of Review We review summary judgment orders de novo. Sartin v. Estate of McPike, 15 Wn.App. 2d 163, 172, 475 P.3d 522 (2020), review denied, 196 Wn.2d 1046 (2021). We view all the evidence and apply reasonable inferences in the light most favorable to the nonmoving ......
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W.M. v. State
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