SWANK v. VALLEY CHRISTIAN SCHOOL

No. 33782-1-III.

374 P.3d 245 (2016)

Donald R. SWANK, individually and as personal representative of the Estate of Andrew F. Swank, and Patricia A. Swank, individually, Appellants, v. VALLEY CHRISTIAN SCHOOL, a Washington State Non-profit Corporation, Jim Puryear, and Timothy F. Burns, M.D. individually, Respondents, Mike Heden and Derick Tabish, individually, Defendants.

Court of Appeals of Washington, Division 3.

May 17, 2016.


Attorney(s) appearing for the Case

Patrick Joseph Cronin , Winston & Cashatt, Steven Robert Stocker , Stocker, Smith, Luciani & Staub PLLC, Gregory John Arpin , Paine Hamblen LLP, William Christopher Schroeder , Attorney at Law, Spokane, WA, for Respondents.

George M. Ahrend , Ahrend Law Firm PLLC, Moses Lake, WA, Mark Douglas Kamitomo , Collin Michael Harper , The Markam Group Inc. PS, Spokane, WA, for Appellant/Cross-Respondent.

Edward Joseph Bruya , Eric Roche Byrd , Bruya & Associates, P.C., Spokane, WA, Gregory Mann Miller , Melissa Jean Cunningham , Carney Badley Spellman P.S., Seattle, WA, for Respondent/Cross-Appellant.

Gregory John Arpin , Paine Hamblen LLP, William Christopher Schroeder , Attorney at Law, Spokane, WA, for Other Parties.


¶ 1 In 2009, the Washington Legislature passed the Zackery Lystedt law, RCW 28A.600.190, entitled "Youth Sports — Concussion and Head Injury Guidelines." High school junior Andrew (Drew) Swank, an Idaho resident, played football for Valley Christian School (VCS), located in Spokane Valley, Washington. On September...

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