Rothwell v. Nine Mile Falls School Dist.

206 P.3d 347
CourtCourt of Appeals of Washington
DecidedApril 21, 2009
Docket26876-4-III
StatusPublished
Cited by5 cases

This text of 206 P.3d 347 (Rothwell v. Nine Mile Falls School Dist.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rothwell v. Nine Mile Falls School Dist., 206 P.3d 347 (Wash. Ct. App. 2009).

Opinion

206 P.3d 347 (2009)

Debbie ROTHWELL, Appellant,
v.
NINE MILE FALLS SCHOOL DISTRICT; Michael Green, Respondents,
Craig Thayer, Stevens County Sheriff; Mike Nolander; Jim Reed and John Doe, Defendants.

No. 26876-4-III.

Court of Appeals of Washington, Division 3, Panel Six.

April 21, 2009.

*349 William J. Powell, Powell Kuznetz & Parker PS, Spokane, WA, for Appellant.

Michael Early McFarland Jr., Attorney at Law, Spokane, WA, for Respondent.

SCHULTHEIS, C.J.

¶ 1 Debbie Rothwell appeals the dismissal of her lawsuit against Nine Mile Falls School District (District) and its superintendent, Michael Green. The question before us is whether Ms. Rothwell's claims are barred by the Washington Industrial Insurance Act (Act), Title 51 RCW, which provides the exclusive remedy for injuries occurring in the course of employment and for industrial injuries or occupational diseases. We conclude that the Act does not bar her claims and reverse the trial court's dismissal of her lawsuit.

FACTS

¶ 2 In December 2004, Ms. Rothwell had been employed by Nine Mile Falls School District as a custodian for approximately eight years. On December 10, Ms. Rothwell was scheduled to work the second shift, from 11:30 a.m. until 8:00 p.m., at Lakeside High School. She split her shift that day with a co-worker and was scheduled to begin work at 4:00 p.m.

¶ 3 Around 1:30 p.m., Ms. Rothwell received a phone call from the chief building custodian for the high school. He stated that Ms. Rothwell's co-worker was distraught and needed to go home. Ms. Rothwell was told to report to work, but was not told why. She later learned that a student had committed suicide in the main entrance of the high school by shooting himself in the head.

¶ 4 When Ms. Rothwell arrived at the school, she was initially placed on duty at the front gate of the high school to prevent the media and unauthorized individuals from entering the school grounds. She remained at that location until approximately 3:30 p.m., at which time the school vice principal asked her to go inside the building.

¶ 5 After Ms. Rothwell arrived inside the school building, Superintendent Michael Green ordered her to clean up the scene of the suicide. Superintendent Green repeated the order three times. Based on Superintendent Green's orders, Ms. Rothwell walked to the school entryway where the shooting had taken place. Two deputies and a detective were present. Ms. Rothwell overheard the detective say the name of the suicide victim. After learning that the victim was a student whom she knew personally, Ms. Rothwell became very distraught and upset. She then went to her car and left the school grounds for approximately 30 minutes to compose herself.

¶ 6 When she returned, one of the deputies told Ms. Rothwell that she was not allowed to touch anything at the scene. Bob Anacker, the Lakeside High School principal, then ordered Ms. Rothwell to go through the classrooms where the suicide victim had attended class earlier that day to determine whether *350 he had left any bombs. Ms. Rothwell accompanied Mr. Anacker through various classrooms to search for bombs.

¶ 7 After she completed the search, deputies gave Ms. Rothwell permission to begin cleaning the suicide scene. She found a book bag in the corner, but did not realize that it belonged to the victim. Ms. Rothwell picked it up and began removing items from the area when one of the deputies told her that the bag needed to remain where it was. The deputies did not tell her why, or warn her of the contents of the bag, so she dropped it on the floor.

¶ 8 The Spokane bomb squad ultimately arrived on the scene and employees were asked to leave the area. Ms. Rothwell complied and went home. When she returned, she watched the bomb squad detonate a pipe from the book bag she had picked up and dropped earlier. According to Ms. Rothwell's complaint, a robot had brought the pipe out of the building and detonated it near the entryway of the school. Ms. Rothwell was shocked and frightened that there may have been a bomb in the bag when she had handled it earlier. Ms. Rothwell also learned that another bomb had been detonated on the football field while she was at home.

¶ 9 Ms. Rothwell remained at the scene and cleaned all night long. At approximately 1:00 a.m., Superintendent Green ordered her to clean the entryway to the school where soot from the bomb detonation had stained the rock wall and sidewalk. According to the complaint, Superintendent Green told her to make it look as if nothing had happened at the school. Ms. Rothwell complied with the order.

¶ 10 At approximately 2:00 a.m., Ms. Rothwell resumed cleaning the suicide scene inside the school. Ms. Rothwell complied with Superintendent Green's directions to clean and dump everything at the scene, which included needles, plastic gloves, brain matter, bone bits, and blood. She finished cleaning at approximately 4:15 a.m. By that time, she was emotionally distraught and physically ill.

¶ 11 Superintendent Green ordered Ms. Rothwell to return to school the following morning between 7:30 and 8:00 a.m. The school had arranged for counselors to be at the school to assist students and staff with their grief. Ms. Rothwell was required to hand out cookies and coffee to students, parents, and staff members, as well as to guard the school gates.

¶ 12 For several days thereafter, students and others brought candles and cards to the scene of the suicide. Ms. Rothwell was ordered to clean up those items each night, which was extremely emotionally disturbing to her.

¶ 13 Ms. Rothwell filed suit against the District and Superintendent Green for intentional and negligent infliction of emotional distress, alleging that she "suffered and continues to suffer physical and emotional distress" as a proximate result of the District's actions. Clerk's Papers (CP) at 6. The District moved to dismiss Ms. Rothwell's claims pursuant to CR 12(b)(6), asserting that because Ms. Rothwell's claimed injury occurred during the course of her employment, her claims were precluded by the Act.

¶ 14 The trial court granted the District's motion and dismissed the action with prejudice, finding Ms. Rothwell's claims against the District were precluded by the exclusivity provisions of RCW 51.04.010.

¶ 15 Ms. Rothwell appeals.

ANALYSIS

¶ 16 The issue is whether the trial court erred by dismissing Ms. Rothwell's claims against the District based on the exclusivity provisions of the Act, RCW 51.04.010. Ms. Rothwell contends that this action is not barred by the Act because she was not injured in the course of her employment and her claim does not arise out of an industrial injury or occupational disease.

Standard of Review

¶ 17 A trial court's decision to grant a CR 12(b)(6) motion to dismiss is a question of law that we review de novo. Cutler v. Phillips Petroleum Co., 124 Wash.2d 749, 755, 881 P.2d 216 (1994). A complaint may be dismissed by a trial court under CR 12(b)(6) if it fails to state a claim upon which relief can be granted. Hoffer v. State, 110 *351 Wash.2d 415, 420, 755 P.2d 781 (1988), adhered to on reconsideration,

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Bluebook (online)
206 P.3d 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothwell-v-nine-mile-falls-school-dist-washctapp-2009.