Lather v. Huron College

413 N.W.2d 369, 56 U.S.L.W. 2232, 1987 S.D. LEXIS 349
CourtSouth Dakota Supreme Court
DecidedSeptember 30, 1987
Docket15627
StatusPublished
Cited by14 cases

This text of 413 N.W.2d 369 (Lather v. Huron College) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lather v. Huron College, 413 N.W.2d 369, 56 U.S.L.W. 2232, 1987 S.D. LEXIS 349 (S.D. 1987).

Opinions

MILLER, Justice.

In this case of first impression we reverse the trial court’s holding that appellee Denis Lather (Lather) is entitled to worker’s compensation benefits for physical injuries sustained as a result of a suicide attempt, triggered by a mental disability, allegedly occasioned by work-related stress.

FACTS

Lather’s physical injuries occurred in 1984 when he jumped from a moving car, which was transporting him to the Human Services Center for treatment of mental illness.

Lather had graduated from high school in 1970 and Dakota State College in 1974. He continued his higher education and ultimately received a Master’s Degree in secondary administration and physical education from the University of South Dakota. Upon leaving the University, he returned to Dakota State College as an assistant football and basketball coach and as an instructor of health and physical education. In June of 1983, Lather signed a teaching contract with Redfield High School, which included the responsibility of coaching football in the fall. Two months later, Huron College of Huron, South Dakota, offered him the position as head basketball coach. It had been his life-long dream to coach a college basketball team, so he discussed the Huron College offer with Redfield High School officials and school board members. Some of these persons were angered at his desire to leave and mention was made of revoking his teaching certificate and taking him to court to require him to honor his contract. . Ultimately, an agreement was reached in which the high school consented to release Lather if he would continue his high school teaching duties until mid-September and finish the season as head football coach. Accordingly, he began teaching at Huron College in mid-September and working as head basketball coach in early October. Because the high school football season was not over until the end of October, Lather drove from Huron to Redfield (approximately 100 [370]*370miles round trip) four times a week to attend the remaining practices and games. He had a successful football season at Red-field and apparently was well liked by his athletes.

Lather found that conditions were not as he had anticipated when he took over the basketball program at Huron College. First, practice gear and game uniforms had been stolen. He next discovered that of the fourteen players on his roster three had not even graduated from high school, one was AWOL from the service and two others were academically ineligible. This left too few players with which to scrimmage. Lather also encountered disciplinary problems with some of his remaining players. During one practice session, a player he had disciplined threatened Lather with a knife. Although the student withdrew from the college in November, Lather was dissatisfied that the school’s president did not take a firmer stance against the student. On one occasion Lather was required to discipline certain players for drinking, leaving only five players available for one game (which, in Lather’s opinion, caused the team’s narrow defeat). Lather also had difficulty with players on work-study, who requested Lather to sign their time sheets without requiring them to perform the specified work.

The facilities afforded Lather by the college also failed to meet his expectations. His office was in a storage area, totally unequipped except for a telephone. He had to collect furnishings himself from other locations on campus. After outfitting his office, portions of the ceiling fell down and pipes leaked water into the office. He was particularly distressed over the situation because the office was where he would interview prospective recruits.

In short, Lather understandably found the experience at Huron College extremely stressful. He also felt guilt and stress at leaving his high school post. In addition to the instances set forth above, Lather also placed a great deal of pressure upon himself to have a successful win/loss record. This apparently was heightened by the fact that his predecessor had an extremely successful record. Also, Lather was required. to arrange a basketball tournament over the Christmas holiday for which he had no prior experience. In addition to other stressors, his team was losing the majority of its games.

Lather began developing a mental disorder, presumably because of these stresses. He first sought counseling on December 14, 1983, when he went to Community Counseling Services Center in Huron (counseling service). There he was interviewed by various professionals including Frank Dame (Dame), a clinical psychologist. Among other things, Lather complained of inability to sleep and blackouts. Dr. Herman, a psychiatrist, prescribed medicine for the sleep disorder. Lather was also examined by a neurologist, who found the possibility of organic brain disorder. Dame then counseled Lather on an outpatient basis, and recommended that he return to visit his mother over the Christmas holiday.

During a session with Dame on December 27, 1983, the psychologist noted that Lather’s condition had deteriorated since their last visit and that he had begun to experience suicidal thinking. In fact, Lather had written a suicide note. Dame recommended that Lather be hospitalized at McKennan Hospital in Sioux Falls, South Dakota.

Lather was hospitalized from December 28 through January 11 and his treating psychiatrist was Dr. Kennedy. Lather exhibited psychotic behavior while in the hospital and hallucinated that various objects and persons were present when they were not. However, on January 11, 1984, Ken-nelly discharged Lather from the hospital because his depression and agitation had subsided. He was instructed to continue outpatient treatment at the counseling service in Huron.

Upon his return to Huron, he and Dame discussed the possibility of resigning from his position at Huron College. Lather was leaning towards resigning at that time and ultimately resigned on January 17, 1984.

Lather continued to reside in Huron, and his mother now lived with him. On January 24 his mother contacted Dame, indicat[371]*371ing Lather was experiencing severe difficulties in sleeping, was disorganized in his thinking and behavior, and had increased his comments about committing suicide. Dame consulted with Dr. Herman and the decision was made to commit Lather to the Human Services Center in Yankton, South Dakota, for inpatient treatment. The counselors were preparing to commit Lather on an involuntary basis if he would have refused to be admitted voluntarily. Although initially upset at the prospect, Lather agreed with the plan that he be voluntarily committed.

Two deputy sheriffs were assigned to transport Lather to the Human Services Center. After consulting with the medical staff at the counseling center, the decision was made not to place Lather in restraints. One of the deputies drove, with Lather sitting in the passenger side of the front seat and the other deputy sitting in the back seat directly behind Lather. The deputies began conversing with Lather, and he appeared coherent. After traveling approximately thirty miles, Lather opened his door. Although the deputies attempted to grab him, he pulled away and jumped out of the car (which was traveling 55-65 mph) resulting in severe physical injuries to Lather.

The worker’s compensation hearing officer found, in accordance with the testimony, that Lather was attempting suicide by jumping from the car.

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Lather v. Huron College
413 N.W.2d 369 (South Dakota Supreme Court, 1987)

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Bluebook (online)
413 N.W.2d 369, 56 U.S.L.W. 2232, 1987 S.D. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lather-v-huron-college-sd-1987.