Response Post: Read all classmates' Discussion Posts and critique two (2) other student's "Memorandum to the Superintendent." Candidates' response posts to their classmates' memorandum should include (a) their reactions to each memorandum, (b) how/why their actions to the scenario might be similar or different, (c) additional case law and statutes that could have been included, and (d) at least two questions that are thought provoking and probing.

To: Superintendent of Schools

Subject: Argument for Settlement in Overstreet Case

The purpose of this memorandum is to demonstrate significant evidence in support of the district settling with the Overstreet family regarding their current lawsuit. This case claims Coach McKay was negligent in protecting Lucy against diving accidents as well as negligent in supervision and training. This alleged negligence resulted in a diving accident which caused Lucy to be knocked unconscious, sustain a severe concussion and fracture two vertebrate in her neck. Thankfully, Lucy is expected to recover through physical therapy. She does have short term memory loss and will miss most of her freshman school year because of the sustained injuries.

It is recommended that the district settle with the Overstreet family because Coach McKay did in fact breach his duty of care to adequately protect the members of the swim team. Coach McKay had been made aware that Lucy was not comfortable diving off the blocks and had no experience diving into shallow water off blocks. Coach McKay did attempt to train Lucy by coordinating with experienced teammates to train her, but they made him aware that she was in no way ready to compete and dive into the shallow pool. Coach McKay’s breach occurred when he asked Lucy to change places in the relay. Although Lucy expressed her concern and worry over diving into the pool, Coach McKay shut her down and threatened that she would be off the team (according to Lucy) if she did not follow through with his request. Coach McKay stated that he meant she would be off the relay team, not off the team entirely. There is sufficient evidence in this scenario alone to warrant settling with the Overstreet family since this incident could have been prevented if Coach McKay would have respected the opinions of the teammates regarding Lucy’s preparedness for the shallow dive, as well as listened to Lucy.

Further information presented by Attorney Garcia acknowledges an addendum to the school activity association’s bylaws that states diving into a shallow pool (less than 5 feet deep) is dangerous. The depth of the shallow pool Lucy dove into with little experience ever diving into shallow water was 3 feet deep. This addendum provides explicit details on the precise ways to certify a swimmer who makes the dive in shallow water for competitions. ISLLC Standard 3C calls for school leaders to protect the safety of students and staff. This accident could have been prevented if Coach McKay followed protocol and listened to Lucy and her teammates. Because of this cause-in-fact breach and the evidence supporting negligence on Coach McKay’s part I recommend the district settling this case with the Overstreet family.

Sincerely,

Dana Miller

Reply