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

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directly supervised David Martin. Hernandez reported to Gonzaga University Assistant

Athletics Director Joel Morgan. Morgan reported to university Senior Associate Athletics

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

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

Director Chris Standiford. Standiford reported to Mike Roth, director of Athletics.

After David Martin's hire, Gonzaga University students continued to sustain

injuries while playing basketball in the Rudolf Fitness Center and striking concrete walls

while running full speed. For several years, David Martin requested that Gonzaga

University install protective padding on the fieldhouse walls behind the basketball hoops,

although we lack evidence as to the number of times and the dates of the requests. Martin

recalled one request during his second year of employment after a student sustained

serious injuries while playing basketball. Martin forwarded a concern to his supervisor,

Jose Hernandez, and the pair discussed the need to install padding to help minimize the

risk of injuries. Martin deemed that Gonzaga University held a legal obligation to

maintain a safe environment for students and employees. He worried about blood and

other bodily fluids spilled during accidents could create pathogen hazards. In response to

Martin's expression of concern, Fitness Center Assistant Athletics Director Hernandez

informed Martin that requests for protective padding could only be made once a year at

the budget meeting.

In a deposition, Jose Hernandez confirmed that David Martin spoke to him about

installing pads. According to Hernandez, Martin repeatedly and passionately spoke about

the need for wall padding.