Wash. Court of Appeals published opinion — 341038_pub.pdf

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Spokane's Jesuit school, Gonzaga University, opened the Rudolf Fitness Center in

2003 for use by students, faculty, and staff. A basketball fieldhouse and a pool, among

other facilities, occupy the fitness center. During the summer months, the university rents

the fitness center to other organizations such as youth camps and leagues. The

university's Athletics Department oversees the fitness center.

At unknown dates before Gonzaga University's hire of David Martin in 2008,

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 34103-8-111
Martin v. Gonzaga University

university students sustained injuries when playing basketball and striking bare concrete

walls behind the basketball hoops in the Rudolf Fitness Center. Injuries included

concussions, head trauma, broken bones, dislocated shoulders, and lacerations. No

protective padding covered the walls. Basketball courts at other Gonzaga University

facilities included padding on the walls.

Beginning in 2004, Gonzaga University Athletics Department staff discussed

affixing prophylactic padding to the basketball court walls at the Rudolf Fitness Center.

No code requirement or National Collegiate Athletic Association regulation requires the

use of pads. Nevertheless, in 2004, Senior Associate Athletics Director Chris Standiford

instructed Assistant Athletics Director Jose Hernandez to hire a risk management

consultant to assess the need for pads along the walls of the basketball courts. The

Athletics Department later declined to follow the consultant's recommendation to install

pads. The university then estimated the cost of the padding as $30,000.

During a deposition in this lawsuit, Assistant Athletics Director Jose Hernandez