Stringer v. Minnesota Vikings
| Citation | 705 N.W.2d 746 |
| Decision Date | 17 November 2005 |
| Docket Number | No. A04-205.,No. A03-1635.,A03-1635.,A04-205. |
| Parties | Kelci STRINGER, individually and as Personal Representative of the Estate of Korey Stringer, and as Trustee for the Heirs and Next-of-Kin of Korey Stringer, and Kodie Stringer, a Minor, through his Parent and Natural Guardian, Kelci Stringer, and Cathy Reed-Stringer and James Stringer, Appellants, v. MINNESOTA VIKINGS FOOTBALL CLUB, LLC, and Fred Zamberletti and Chuck Barta and Paul Osterman, Respondents, and Dennis Green and Michael Tice, and W. David Knowles, M.D., and Mankato Clinic, Ltd., and Sheldon Burns, M.D., and David Fischer, M.D., and Orthopaedic Consultants, P.A., and Edina Family Physicians, a professional association, and John Does 6 through 30, Natural Persons or Entities Whose Names or Identities are Unknown to Plaintiff, Defendants. |
| Court | Supreme Court of Minnesota (US) |
ANDERSON, PAUL H., Justice.
Korey Stringer, a highly respected member of the Minnesota Vikings football team, died of heat stroke after the second day of practice at the 2001 Vikings training camp. Kelci Stringer, Korey Stringer's wife, as trustee and personal representative of the estate of Korey Stringer, brought a wrongful death action against the respondents in Hennepin County District Court.1 The respondents moved for summary judgment. The court granted respondents' motion and dismissed the action against them. The Minnesota Court of Appeals affirmed. On appeal, we must determine whether Kelci Stringer can show the existence of genuine issues of material fact that Vikings' employees Paul Osterman and Fred Zamberletti are not immune from coemployee liability. To make this determination, we must address the interaction between common law tort liability and the workers' compensation system, which has restricted coemployee liability in negligence actions. As part of our analysis, we must determine whether our prior case law on coemployee immunity is applicable to the facts of this case when determining whether Osterman and Zamberletti owed Korey Stringer a personal duty and, if there was a duty, whether Osterman and Zamberletti were grossly negligent in performing that duty. We conclude that the personal duty test is applicable, but that Osterman and Zamberletti did not owe Korey Stringer a personal duty. Therefore, the district court did not err when it granted summary judgment. We affirm, but on grounds different from those articulated by the court of appeals.
On August 1, 2001, Korey Stringer, 27, a Pro Bowl offensive tackle for the Minnesota Vikings, died of complications from heat stroke. Stringer collapsed after the morning practice on the second day of training camp in Mankato, Minnesota. His core body temperature, when first measured at Immanuel St. Joseph's Hospital in Mankato, was 108.8 degrees F.
Stringer reported to the Vikings training camp on Sunday, July 29, 2001. At a team meeting that evening, head athletic trainer Charles Barta2 briefly spoke to the team members about heat and making sure they drank plenty of fluids. The players did not receive any written instructions about guarding against heat-related illnesses.
The chain of events leading to Korey Stringer's death appears to start on the first day of practice, July 30, 2001. July 30 was a day of high heat and humidity with a heat index of at least 109 during the afternoon practice. On that first day, there was a morning and an afternoon practice where the players did not wear their full gear. Before the morning practice, Stringer told Barta that he had an upset stomach. Barta listened to Stringer's self-diagnosis that he was "jumpy" and gave him some Tums, an antacid. Before the afternoon practice, Barta gave Stringer some Gatorade with an electrolyte supplement because Barta knew that Stringer had suffered from "heat-related problems" in previous training camps. As the result of heat-related illness, Stringer had received fluids intravenously at least once at a previous training camp.
About 45 minutes into the afternoon practice, Stringer vomited twice. Vikings offensive line coach Mike Tice told Stringer to leave the practice and called Barta over to look at Stringer. Barta again listened to Stringer's self-diagnosis that he was feeling anxious and brought him to the on-field trailer after Stringer vomited a third time. Barta stated in his deposition that he told Stringer to consume some liquids, but he did not monitor whether Stringer drank anything.
Already inside the trailer were Fred Zamberletti, coordinator of medical services for the Vikings; Paul Osterman, an assistant trainer3; and another Vikings team member. Barta told Zamberletti that Stringer had been vomiting and that he brought him to the trailer to "cool down" and "take it easy." Barta then left the trailer to go back to the practice. Zamberletti stated that he observed Stringer and did not believe that he was in a lot of distress because he was sitting upright at the edge of the examination table. Dr. W. David Knowles, a Mankato physician who provided medical services for the Vikings, arrived soon after and examined the other Vikings team member, but he did not examine Stringer. Osterman, Zamberletti, and Barta all testified that Stringer was frustrated that he was taken out of the Monday afternoon practice.
Stringer left the trailer that afternoon without anyone examining him. Dr. Knowles' report for July 30 stated that Stringer Athletic intern D.J. Kearney said Barta instructed him to bring some Gatorade to Stringer's dormitory room that evening. The following morning, July 31, Barta asked Stringer how he felt and checked Stringer's weight on the weight chart4. Barta said that Stringer replied that he had an upset stomach, but that he felt okay. No other monitoring of Stringer was done.5
July 31, the second day of practice, was also a day of high heat and humidity. The morning practice began at approximately 8:45 a.m. with the players wearing full gear. The heat index was already almost 90 when the morning practice began.6 Sometime during the morning practice, Stringer vomited again, but he continued to participate in the practice. A photographer noticed that Stringer appeared to be struggling during the practice and was drenched with sweat.7 At about 10:30 a.m., Stringer turned an ankle, which Barta taped. Stringer then returned to practice. Witness testimony indicates that during practice, Stringer either fell to his knees or to the ground more than once, getting up by himself each time.
Shortly after the main morning practice ended at approximately 11:15 a.m., Stringer dropped to his knees, fell to his right side, and then threw his hands over his head and lay on his back. Osterman and Kearney heard another Vikings player call "Trainer." Osterman was the only athletic trainer remaining on the field at that time. Barta had given Osterman a cell phone and told him to call Zamberletti "if anything comes up." Barta also gave Osterman a list of phone numbers, which included Dr. Knowles' number and an ambulance service.
In his deposition, Osterman initially stated that he "saw Korey getting up from the ground after kneeling on one knee." Osterman later stated that Stringer was lying flat on his back when he first arrived and that he did not know how long Stringer had been lying there. Kearney also confirmed that he had initially seen Stringer lying flat on his back. The photographer, who had previously observed Stringer, also saw Stringer lying on the football field and estimated that he was lying there for about five minutes. Although two other witnesses said that Stringer had been moaning or groaning for several minutes, Osterman said that he had not heard him. Osterman testified that he asked Stringer how he was doing, but Stringer ignored him, and again got up without any assistance. Stringer went to the "big bag," hit it one time, and then headed toward the trailer. Stringer was sweating, but Osterman did not remember any details about what Stringer was wearing or how sweaty he was.
Osterman said that even though he thought Stringer was "doing fine," he brought Stringer to the air-conditioned trailer as a "preventive" measure. Osterman testified that Stringer "jogged" to the trailer, but a Vikings teammate stated that Stringer only jogged a couple of steps and then walked to the trailer. According to Osterman, about five minutes passed between the time he saw Stringer lying on the ground and the time they entered the trailer. Estimates are that Stringer and Osterman entered the trailer at about 11:20 a.m.
Osterman's testimony was that when Stringer was inside the trailer, he "jumped up" on one of the tables. Osterman said he asked Stringer how he was. It appears from the record that Stringer did not respond to Osterman's question. About five minutes later, Kearney also entered the trailer with some water for Stringer even though, according to Barta, Gatorade and ice bags were already inside the trailer. Kearney left soon thereafter. No one else was in the trailer. Stringer drank "one or two sips" of the water. Osterman said that he determined that Stringer's skin was "cool and moist"8 and he then "just kind of let him relax" for between five and ten minutes.
After this time had passed, Stringer got off the table...
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