Travis v. Bohannon

115 P.3d 342
CourtCourt of Appeals of Washington
DecidedJune 30, 2005
Docket23131-3-III
StatusPublished
Cited by20 cases

This text of 115 P.3d 342 (Travis v. Bohannon) 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
Travis v. Bohannon, 115 P.3d 342 (Wash. Ct. App. 2005).

Opinion

115 P.3d 342 (2005)

MaryAnna TRAVIS (formerly Anna Lisa McFarlen), Appellant,
v.
Gary BOHANNON and Deborah Bohannon, husband and wife, individually and their marital community, and Amanda Bohannon, individually, MTD Products, Inc., a foreign corporation, Defendants,
Chewelah School District 36, Respondent.

No. 23131-3-III.

Court of Appeals of Washington, Division Three, Panel Three.

June 30, 2005.

*344 Dan B. Johnson, Michael D. Kinkley, Michael D. Kinkley PS, Attorneys at Law, Spokane, WA, for Appellant.

Michael E. McFarland, Attorney at Law, Spokane, WA, for Respondent.

SWEENEY, A.C.J.

¶ 1 MaryAnna Travis appeals the summary dismissal of her negligence action against Chewelah School District 36. The question presented is whether a school district owes a duty of care to students participating in off-campus activities during school hours. If it does, we are asked to decide whether triable issues of fact remain on whether the school district breached that duty and whether the mother's informed consent to the activity superseded and, therefore, relieved the school district of liability. We conclude that the school district owed a duty to this student. Whether the school district breached that duty and the degree to which it was relieved of liability by the mother's consent are questions for the trier of fact. We therefore reverse and remand for trial.

FACTS

¶ 2 MaryAnna Travis[1] and Amanda Bohannon were friends in the 11th grade at Jenkins High School in Chewelah School District 36. Jenkins High School sponsored a "Workday," on a school day. The idea of Workday was that community members could donate $15 for three hours of student work to raise funds for the student body association. Participation was optional. Participating students were to turn in a form naming the "employer" and describing the work performed. The parties dispute whether this form was to be turned in before or after the Workday. Ms. Travis says that the sole purpose of the form was bookkeeping. And so it was to be turned in with the money after the event. Ms. Bohannon also testified that the forms were customarily turned in after Workday. A former school principal testified the purpose of the form was to enable the school to monitor the safety of the proposed activities, and that students were expected to turn it in in advance. The current principal said that either before or after was fine.

¶ 3 Ms. Bohannon's father, Gary Bohannon, proposed to put Ms. Travis and Ms. Bohannon to work splitting logs with a hydraulic log splitter.

¶ 4 Before the Workday, Ms. Travis's mother, Amanda Kavenaugh, agreed to Ms. Travis's splitting and stacking precut firewood for the Bohannons. But no parental permission slip was provided. Ms. Kavenaugh drove Ms. Travis to the Bohannon home on the day of the accident. There, Ms. Kavenaugh and Mr. Bohannon discussed the job. Ms. Kavenaugh learned for the first time that a hydraulic splitter would be used. Mr. Bohannon showed her the machine. Ms. Kavenaugh cautioned Ms. Travis to be careful and left.

¶ 5 Ms. Travis began loading logs while Ms. Bohannon operated a lever that released a hydraulic ram. The manufacturer's operating instructions warn that a single operator should both load the log and pull the lever, thus making it impossible to release the ram without first removing all body parts from the point of contact. Mr. Bohannon did not know this; he thought two people were necessary to operate the machine.

¶ 6 With Ms. Travis's left hand resting on the log she had just positioned, the girls were momentarily distracted when a car pulled into the driveway. Ms. Bohannon released the ram. And Ms. Travis lost three fingers at the first knuckle.

PROCEDURE

¶ 7 Ms. Travis sued Chewelah School District 36 (District). She alleged direct liability in negligence based on breach of a duty of protection owed by the District to the children in its custody. She alleged the District *345 had a duty to supervise and control the Workday because it was a District-approved activity, sponsored by the District, for the financial benefit of the District. Ms. Travis also charged the District with vicarious liability. She alleged a principal-agent relationship between the District and Ms. Bohannon, and also a joint venture between the District and Gary Bohannon. Ms. Travis's claims against the Bohannons are not part of this appeal.

¶ 8 The District moved for summary judgment. It denied any duty to Ms. Travis. And even if the District did have a duty, it asserted that Ms. Travis's mother authorized the activity with direct knowledge of the risk. Her consent was thus an intervening superseding cause of Ms. Travis's injuries that relieved the District of liability.

¶ 9 The court granted summary judgment and dismissed the claims against the District, based on the mother's knowing consent to the activity.

DISCUSSION

DISTRICT'S DUTY OF CARE

¶ 10 Ms. Travis argues that the District had a duty of care for a number of reasons. It is undisputed that the Workday was an official school day. The students were, therefore, in the District's custody. The District sponsored the Workday for purposes that included educational benefits. The District owed then a nondelegable duty to Ms. Travis to take reasonable steps to identify and eliminate any hazards inherent in all planned activities, including off-campus events. And, here, the District took no steps whatsoever. She contends the District did not inquire what work was planned, what machinery would be used, what qualifications, if any, the parents had to supervise the activities, or what safety measures, if any, were in place.

¶ 11 The District responds that Ms. Travis relieved the District of any duty by failing to turn in the Workday form in advance; this left it without notice or actual knowledge of the nature of the work or the potential risks involved. Such notice, the District contends, is a prerequisite to any duty to ensure the physical safety of its students.

Standard of Review

¶ 12 Summary judgment is proper when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." CR 56(c); Hutchins v. 1001 Fourth Ave. Assocs., 116 Wash.2d 217, 220, 802 P.2d 1360 (1991). In reviewing an order of summary judgment, we engage in the same inquiry as the trial court. Rhea v. Grandview Sch. Dist. No. JT 116-200, 39 Wash.App. 557, 559, 694 P.2d 666 (1985). We view the facts and all reasonable inferences to be drawn from them in favor of the nonmoving party. Riojas v. Grant County Pub. Util. Dist., 117 Wash.App. 694, 697, 72 P.3d 1093 (2003), review denied, 151 Wash.2d 1006, 87 P.3d 1184 (2004). The nonmoving party here is Ms. Travis.

Negligence

¶ 13 A cause of action for negligence requires the plaintiff to show (1) that the defendant owed a duty to the plaintiff, (2) breach of that duty, (3) an injury, and (4) a proximate cause between the breach and the injury. Tincani v. Inland Empire Zoological Soc'y, 124 Wash.2d 121, 127-28,

Related

Munn v. Hotchkiss School
Supreme Court of Connecticut, 2017
N.L. v. Bethel Sch. Dist.
Washington Supreme Court, 2016
N.L. v. Bethel School District
378 P.3d 162 (Washington Supreme Court, 2016)
Estate of Viola Williams v. Lourdes Health Network
Court of Appeals of Washington, 2016
Munn Ex Rel. C.M. v. Hotchkiss School
795 F.3d 324 (Second Circuit, 2015)
N.L. v. Bethel School District
348 P.3d 1237 (Court of Appeals of Washington, 2015)
Gayle Torgerson v. City Of Seattle
Court of Appeals of Washington, 2014
Joshua L. Faw v. Kyle S. Parker, Et Ux
Court of Appeals of Washington, 2013
Loretta Hoyt v. Lockheed Martin Corporation
540 F. App'x 590 (Ninth Circuit, 2013)
Amanda Brady, V William Reinert
Court of Appeals of Washington, 2013
State v. Green
157 Wash. App. 833 (Court of Appeals of Washington, 2010)
Halladay Ex Rel. AH v. WENATCHEE SCHOOL DIST.
598 F. Supp. 2d 1169 (E.D. Washington, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
115 P.3d 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travis-v-bohannon-washctapp-2005.