Swank v. Valley Christian School (Majority)Annotate this Case
The issue presented by this case was whether Washington's Zackery Lystedt Law (Lystedt law), RCW 28A.600.190, gave rise to an implied cause of action. The Lystedt law's purpose was to reduce the risk of further injury or death to youth athletes who suffered concussions in the state of Washington. Andrew Swank (Drew) died from complications after contact with another player during a high school football game. Drew reported having neck pain and headaches. Drew would play again, but the quality of his play "sharply declined." During the game, Coach Jim Puryear called Drew over to the sidelines, where he grabbed Drew's face mask and, according to Drew's father, "began to jerk it up and down hard while he screamed at [Drew], 'What are you doing out there, what are you doing out there?"' Drew returned to the game, where he was hit by an opposing player. He suffered head injuries and staggered to the sideline, where he collapsed. Drew died two days later. Drew's parents sued Drew's school, the football coach, and Drew's doctor on behalf of his estate and individually. The trial court granted summary judgment against the Swanks on all claims, and the Court of Appeals affirmed. The Washington Supreme Court held that an implied cause of action does arise from the Lystedt law. As a result, the Swanks' claims that Valley Christian School (VCS) and Coach Puryear violated the Lystedt law could proceed. The Court also held that the evidence against the coach was sufficient to permit a jury to find liability against the coach, despite the limited volunteer immunity protecting him. Consequently, the Court reinstated the Swanks' common law negligence claims against the coach. Finally, the Court held the trial court lacked personal jurisdiction over Drew's doctor.