Court: SL schools not liable in teen's death

SPOKANE — The Washington State Court of Appeals, Division III, recently cleared the Soap Lake School District of liability in the death of a Soap Lake teenager who died in a car accident in 2011 after allegedly drinking alcohol at her basketball coach's home.

Michele L. Anderson previously filed a wrongful death lawsuit in Grant County Superior Court, claiming the Soap Lake School District played a role in the death of her 17-year-old daughter, Sheila M. Rosenberg, in 2011. The trial court granted a summary judgment to the SLSD and Anderson appealed the decision. A summary judgments is a final decisions by a judge, based on an involved party's motion, that resolves a lawsuit before trial, according to www.nolo.com. Summary judgments are given if the undisputed facts and law make it evident the opposing party would not prevail if the lawsuit went to trial.

Anderson's case against the SLSD alleged breach of duty, breach of contract and negligent supervision of basketball coach Igor Lukashevich. Lukashevich was hired by the SLSD in 2011 as a coach, after previously playing the sport for six years in school and volunteering as an assistant basketball coach.

Rosenberg was coached by Lukashevich in 2011. In the 2011 basketball season, Rosenberg and her boyfriend, Pavel Turchik, 17, were killed in a car accident when Turchik crashed the vehicle they were in. The vehicle was traveling at 99 mph, according to court documents.

Before the crash, Rosenberg and Turchik were at the home of Lukashevich, who was 22 at the time. Witnesses reported the teens arrived at Lukashevich's home shortly after midnight and he allegedly provided them with liquor.

It was Anderson's contention that factual questions prevented the summary judgment. She claimed the SLSD breached its “duty of care” to Rosenberg; that the SLSD Activities Code, a document students and their parents and/or guardians are required to sign, is a “contract of adhesion” that placed a burden on the SLSD to protect student athletes and that the SLSD was negligent in hiring, supervising and training Lukashevich.

The appeals court judges noted that school districts have the duty of “reasonable” supervision over their students when they are in school or participating in school-related activities. They stated, however, that a school district cannot be held liable for a teacher's alleged conduct when the district is unaware of inappropriate behavior and did not authorize the conduct.

“Appellants' argument that the gathering at Lukashevich's was within the scope of the district's authority fails since SLSD had no way to anticipate the danger or exercise its supervision over Sheila Rosenberg at midnight on a Friday. The mere presence of Lukashevich does not transfer authority over the party to the district,” wrote the judges. “There was no evidence produced suggesting that the gathering at Lukashevich's was a school-sponsored team event or that any other member of the SLSD's women's basketball team was present on the night in question.”

Furthermore, the judges ruled the SLSD cannot be held liable for breach of contract with regard to the district's Activities Code. They state the contract is an agreement between the district and its student athletes, but it is not a legal binding contract.

“Ultimately, though adhesive, the Activities Code does not declaim SLSD's liability for negligence and therefore does not violate public policy,” reads the ruling.

With regard to the hiring of Lukashevich, they pointed out that employers can be held liable to a third person for the employer's negligence in hiring employees who are determined to be incompetent or unfit. The judges ruled however the SLSD's hiring, supervision and training of Lukashevich was not negligent.

“SLSD's athletic director interviewed Lukashevich for the coaching position and found him qualified to coach. Lukashevich attended SLSD, played basketball as a middle and high school student, and SLSD provided Lukashevich the oversight typical for coaches in his position,” reads the decision. “During Lukashevich's earlier tenure as an assistant coach, there was no evidence to indicate any unfitness. Appellants have failed to establish that SLSD is liable for Ms. Rosenberg's tragic death.”