Scott v. Rapides Parish School Bd.

732 So. 2d 749, 98 La.App. 3 Cir. 1754, 1999 La. App. LEXIS 894, 1999 WL 188199
CourtLouisiana Court of Appeal
DecidedApril 7, 1999
Docket98-1754
StatusPublished
Cited by3 cases

This text of 732 So. 2d 749 (Scott v. Rapides Parish School Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Rapides Parish School Bd., 732 So. 2d 749, 98 La.App. 3 Cir. 1754, 1999 La. App. LEXIS 894, 1999 WL 188199 (La. Ct. App. 1999).

Opinion

732 So.2d 749 (1999)

Zwireck SCOTT, Plaintiff-Appellee,
v.
RAPIDES PARISH SCHOOL BOARD, Defendant-Appellant.

No. 98-1754.

Court of Appeal of Louisiana, Third Circuit.

April 7, 1999.
Writ Denied July 2, 1999.

*750 David Lee Guillory, Pineville, for Zwireck Scott.

James Morgan Passman, Alexandria, for Rapides Parish School Bd.

BEFORE: YELVERTON, WOODARD, and GREMILLION, Judges.

YELVERTON, J.

Zwireck Scott, an 18-year-old student at Peabody High School in Rapides Parish, was injured during a physical education class on March 22, 1994, when he made a long jump at full speed and landed wrong. He sued the Rapides Parish School Board for damages claiming, among other things, that he had not been properly instructed, prepared, and supervised on how to safely perform a long jump. The trial judge, applying the duty-risk analysis, found liability and awarded damages in the amount of $207,000. The School Board appealed. We affirm.

FACTS

Zwireck was about to graduate and did in fact graduate from Peabody in May of 1994. He had never gone out for track, but he was on the varsity basketball team at Peabody. The basketball season was over, and Zwireck knew he was not going to get a college scholarship in basketball so he turned his interests to track. Zwireck thought he could jump pretty far, and if he could make the team, he might get a scholarship.

*751 There were a number of witnesses at the trial, but the significant facts came from the testimony of Zwireck and his coach, Joseph Duncan, a social studies teacher, assistant football coach, and head track coach at Peabody.

Coach Duncan testified that he had just taken over track as the head coach. He coached all track and field events including the long jump, the triple jump, the high jump, and running. The sand pit for the long jump was located on the Peabody campus, and the sixth hour physical education class was the only time it was used. Zwireck had been jumping in the sand pit for several days, and the coach was encouraging him to come join the track team as the third member of the long jump team. He had been watching Zwireck jump five or six times a day for three or four days, had critiqued him some, and was impressed. There were several other kids long jumping that day during the physical education class, including the other members of the team. On one jump before he was hurt, Zwireck had jumped 21 feet and he had good basic form. Before he made the jump when he was to be injured, both Zwireck and the coach knew that Zwireck was going to go all-out, get some distance, and see what he could do.

Coach Duncan admitted that he had given no instructions of any kind to Zwireck. He had not talked to him about proper landing or control in the air and did not discuss with him any risks involved in long jumping. The first mistake that he ever saw Zwireck make was the time he hurt himself; his landing was wrong, one foot was slightly ahead of the other, and his feet were not planted parallel to the course.

Zwireck testified that in the days before his accident he was just "running and jumping." He described his speed as half speed. On the day of the accident, after two jumps he and the coach decided that he would go all-out. He jumped like he was doing a basketball lay-up to get some height. He landed with his knees bent and his right knee popped. Nobody had ever instructed him on how to long jump. He knew where the board (jump line mark) was, and he knew not to cross it before jumping because that would be a "fault." The coach had told him not to worry about faulting, to just jump. He did not know how to pace for the run-up, how to position his body, or how to launch himself into the air. Coach Duncan never instructed him what to do about his body position while he was in the air, or how to land. He understood only that he had to start at a mark, jump as far as he could, and land with bended knees.

THE EXPERTS

Two experts testified, one for the plaintiff and one for the defendant. Dr. Gerald George, a professor at University of Southwestern Louisiana, testified for the plaintiff. He was accepted as an expert in biomechanics and sports safety. He defined biomechanics as the application of physics to human movement. His specialty was gymnastics, but he also dealt with track.

Dr. George explained that long jumping is not primordial, and in that respect it differs from vertical jumping or running; it is a skill requiring training. The takeoff into the air is important because it sets the stage for all that is to follow. Teaching and training are essential. Run-throughs and half-runs are reasonably safe activities. Going all-out in a long jump involves other factors. The jumper needs to know the technique to control his body when he is in the air going horizontally forward and how to control his landings. The instructor should test on running speed and vertical jumping, not on distance. It was Dr. George's opinion that, without any instruction as to the mechanics of this skill, when a student is allowed to go out and attempt jumps "at full bore," this unreasonably disposes him to injury. He explained that you would not do it with a pole vaulter, and you should not do it with a long jumper. Most of the training goes into the fundamentals. Seventeen *752 times (his estimate of prior jumps) is not enough to teach control. The coach should not have let Zwireck try something he was not ready to do. This was a case of lack of performer readiness, and that was the cause of this injury. He was convinced that Zwireck would not have been injured, or so severely injured, if he had been given proper instruction and training before he attempted an all-out jump.

David Fried testified for the School Board. He was accepted as an expert in the area of sports safety, track and field, and coaching.

Mr. Fried disagreed with Dr. George in one important respect: it was Mr. Fried's belief that a different rule applies when the tryout kid is not a member of the track team. Mr. Fried's experience, as a long jumper and as a long-jump coach for 25 years, convinced him that a tryout is totally different from a practice session. He agreed with the instruction and training requirements outlined by Dr. George, but would require these to be followed only after the athlete has been selected and put on the team. In the present case, Zwireck was not a member of the team. He was in the middle of a tryout. "In a try out, that's what you do—just take off and do the best you can."

Mr. Fried testified that long jumping was probably the safest activity in all the field events. He stated that very few injuries occurred in long jumps. That is why the coach does not go over the basics and essentials at tryout time. He said that you use tryouts to determine the athletes with natural ability and, once they are on the team, then you start training in the basics and essentials. He disagreed with Dr. George's opinion that long jumping is not primordial. In Mr. Fried's opinion, jumping is a natural ability.

ACTION OF THE TRIAL COURT

The trial judge stated he had difficulty in deciding which expert opinion to adopt finding that both experts were "equally qualified and convincing." Nevertheless, the trial judge agreed with Dr. George that the duty to prepare, instruct and teach Zwireck to long jump was intended to protect the plaintiff from this type of harm arising in this manner.

The trial judge applied the duty-risk analysis and concluded that all elements were proved.

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Bluebook (online)
732 So. 2d 749, 98 La.App. 3 Cir. 1754, 1999 La. App. LEXIS 894, 1999 WL 188199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-rapides-parish-school-bd-lactapp-1999.