Stahr v. Lincoln Sudbury Regional High School District
Stahr v. Lincoln Sudbury Regional High School District
Opinion
*243 The principle that "if there is tortious injury there is liability" is one of long standing in Massachusetts when the parties are private actors. Historically, however, the principle had no application when the negligent actors were employees of State or local government, because their employers were shielded from such lawsuits based upon the ancient doctrine of sovereign immunity.
*244
Morash & Sons
v.
Commonwealth
,
In the case before us, we must determine whether § 10( j ) is applicable to negligence claims brought by the plaintiffs against the defendant, Lincoln Sudbury Regional High School District (defendant). The plaintiffs' claims arise out of an injury sustained by Alexandra Stahr, a member *998 of the defendant's varsity field hockey team, who was struck by a field hockey stick wielded by another team member during a practice session. In addition, we also must consider whether a specific statutory exception to the immunity afforded by § 10( j ) permits the plaintiffs' claims to proceed because they are grounded in "the intervention of a public employee which causes injury to the victim or places the victim in a worse position than [s]he was in before the intervention." *245 G. L. c. 258, § 10( j )(2). For the reasons that follow, we conclude that notwithstanding the serious injuries suffered by Alexandra, 2 the plaintiffs' claims are barred by § 10( j ) and do not come within the saving provision of § 10( j )(2).
In their amended complaint, the plaintiffs allege that the defendant was negligent in (1) failing to properly train and supervise the athletic coaches and athletes present when Alexandra was injured; (2) failing to seek adequate medical assistance at the time of her injuries and, further, failing to provide adequate postinjury monitoring and planning related to Alexandra's injuries; and (3) failing to implement a written academic reentry plan following Alexandra's injuries. The plaintiffs also assert claims premised on negligent infliction of emotional distress and loss of consortium due to the acts and omissions of the defendant.
The defendant filed a motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(6),
Background . On September 30, 2012, Alexandra participated in field hockey practice as a member of the defendant's varsity field hockey team. On that day, the team participated in a drill introduced and supervised by an alumna player acting as a volunteer coach (volunteer coach). The head varsity field hockey coach (head coach) was also present on the field but did not actively participate in the supervision of the drill. Prior to beginning the drill, neither coach gave the players any instructions or warnings as to techniques that could endanger other players. The coaches also failed to prohibit the players from practicing dangerous techniques and did not inform the players that they would be penalized for utilizing such techniques. During the drill, Alexandra was struck in the face by a teammate's field hockey stick after the teammate chose to pass the ball via a "hard-drive" as opposed to a "push-pass." The blow knocked out two of Alexandra's teeth and caused her to lose consciousness.
The volunteer coach did not provide Alexandra with assistance after she was injured. The head coach left the field to find first aid *246 supplies and did not immediately assist Alexandra or assess her injuries. While the head coach was getting supplies, one of Alexandra's teammates called Alexandra's father. Upon her return to the field, the head coach, who had retrieved one of Alexandra's teeth, put it on ice and directed Alexandra to apply ice and gauze to her mouth. The head coach did not take any steps to mitigate the effects of a possible concussion, and the defendant had not yet implemented a concussion protocol as required by G. L. c. 111, § 222, and 105 Code Mass. Regs. §§ 201.00 et seq. (2011). 3 When Alexandra's father arrived *999 at the field, the head coach did not explain to him the circumstances of Alexandra's injury or provide advice about how to treat her injury, including the proper protocol to follow in the event of a suspected concussion. Alexandra's father took her for emergency dental surgery but failed to seek further emergency medical treatment.
Alexandra was subsequently diagnosed with a concussion on October 5, 2012. The symptoms of her concussion caused her academic performance to suffer over a prolonged period of time. The defendant provided her with little academic assistance and did not implement a written graduated reentry plan, 4 which ultimately led Alexandra to withdraw from Lincoln-Sudbury Regional High School and transfer to another school.
Discussion
. "We review the allowance of a motion to dismiss de novo ... accept[ing] as true the allegations in the complaint and draw[ing] every reasonable inference in favor of the plaintiff."
Curtis
v.
Herb Chambers I-95, Inc
.,
1.
General Laws c. 258, § 10(
j
)
. In this case, we must once again wade into the "interpretive quagmire" that is G. L. c. 258, § 10(
j
). See
Brum
,
a. "Original cause" of Alexandra's injuries . The plaintiffs first argue that the head coach's decision to allow an "untrained volunteer coach to introduce and supervise [a] novel close quarters drill" constituted an affirmative act that was the "original cause" of Alexandra's injuries.
"To have 'originally caused' a condition or situation for the purposes of § 10(
j
), the public employer must have taken an affirmative action," and the employer's act "must have materially contributed to creating the specific 'condition or situation' that resulted in the harm."
Cormier
,
While the plaintiffs argue that the affirmative act of allowing an untrained volunteer coach to supervise a novel drill was the "original cause" of Alexandra's injuries,
6
their amended complaint makes clear that their claim is rather that the coaches' lack of supervision and inadequate instruction prior to allowing the players to engage in the drill-both omissions-caused Alexandra's injuries. The plaintiffs' claim in this respect amounts to an attempt to hold the defendant liable for failing
*1000
to ensure Alexandra's safety during field hockey practice. As the Supreme Judicial Court stated in
Cormier
,
i.
Independent acts of negligence
. Alexandra's injuries were caused by the negligent act of a third person-here, her teammate-and, as discussed
supra
, the defendant was not the "original cause" of Alexandra's injuries. The plaintiffs nevertheless maintain that the defendant is liable by arguing that the defendant's failure to implement and adhere to proper concussion protocols pursuant to G. L. c. 111, § 222, and 105 Code Mass. Regs. §§ 201.00 et seq., constituted independent acts of negligence that exacerbated the harm initially caused by Alexandra's teammate.
8
However, § 10(
j
), by its plain language, precludes liability in such circumstances, as the exclusion is triggered by conduct amounting to a "failure to act to ... diminish the harmful consequences of ... the ... tortious conduct of a third person, which is not originally caused by the public employer." See
Anderson
v.
Gloucester
,
ii.
Negligent intervention under
§ 10(
j
)(2)
. The plaintiffs further argue that the motion judge erred in dismissing their
*1001
amended
*249
complaint because the defendant's negligent intervention falls within the exception to § 10(
j
) immunity set forth in § 10(
j
)(2). Section 10(
j
)(2) provides that § 10(
j
) immunity shall not apply to "any claim based upon the intervention of a public employee which causes injury to the victim or places the victim in a worse position than [s]he was in before the intervention." The term "intervention" is not defined in G. L. c. 258, §§ 1 or 10. When a statutory term is not specifically defined, we give it the "usual and accepted meaning, as long as [that] meaning[ is] consistent with the statutory purpose."
Commonwealth
v.
Zone Book, Inc
.,
Here, the intervening "acts" alleged to fall within the scope of § 10(
j
)(2) are, rather, plainly omissions. These include the head coach's failure both to explain to Alexandra's father the circumstances of Alexandra's injury and to provide advice about how to treat her injury, and the defendant's failure to implement the proper concussion protocols under G. L. c. 111, § 222, and 105 Code Mass. Regs. §§ 201.00 et seq. Thus, the plaintiffs' arguments as to the applicability of § 10(
j
)(2)'s exception to the exclusion from liability set forth in § 10(
j
) must also fail. As we have noted on other occasions and in other contexts involving the scope of statutory remedies, the exception set forth in § 10(
j
)(2) reflects a policy judgment. "If it is unwise, it is not for us to say so; the remedy lies with the Legislature."
Murphy
v.
Police Commr. of Boston
,
*250
2.
Other claims
. The plaintiffs' other claims, all of which stem from the injuries sustained by Alexandra during field hockey practice, also were properly dismissed by the motion judge. See
Jacome
v.
Commonwealth
,
Judgment affirmed .
Because the plaintiffs share a surname, we refer to Alexandra by her first name.
General Laws c. 111, § 222, establishes a regulatory framework relating to head injury safety and education.
See 105 Code Mass. Regs. § 201.010(E) (2011) ("Each student who is removed from practice or competition and subsequently diagnosed with a concussion shall have a written graduated reentry plan for return to full academic and extracurricular athletic activities").
It is undisputed that the defendant is a public employer. See G. L. c. 258, § 1.
Even if we consider this theory of liability, the act of allowing an untrained volunteer coach to direct and supervise the drill in which Alexandra was injured would not qualify as the "original cause" of the harm complained of because it is too attenuated from the events that were the direct cause of that harm. See
Brum
,
For the same reason that
Gennari
v.
Reading Pub. Schs
.,
General Laws c. 111, § 222( f ), inserted by St. 2010, c. 166, § 1, provides:
"Nothing in this section shall be construed to waive liability or immunity of a school district or its officers or employees. This section shall not create any liability for a course of legal action against a school district, its officers or employees."
While the plaintiffs admit that the statute itself does not create a cause of action against the defendant, they argue that they may nonetheless bring a cause of action by showing that the defendant breached a duty owed to Alexandra by failing to comply with the statutory mandates of G. L. c. 111, § 222, and the applicable regulations.
Reference
- Full Case Name
- Alexandra STAHR & Others v. LINCOLN SUDBURY REGIONAL HIGH SCHOOL DISTRICT.
- Cited By
- 8 cases
- Status
- Published