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Runner Who Contends She Was ‘Tackled’ by Pacesetting Coach Assumed Risk—C.A.
Opinion Says Collision With Larger Competitor Is Inherent Risk of Running in All Ages, All Gender Race Despite High School Association Rule Disallowing Use of Pacer
By a MetNews Staff Writer
Div. Seven of this district’s Court of Appeal has held that a female high school competitive runner assumed the risk of colliding with a male coach—standing over six feet tall and weighing 235 to 245 pounds—who volunteered to act as a pacesetter for the preseason track meet, open to all ages and genders, despite a high school association rule disallowing the use of a pacer.
The Long Beach Unified School District (“LBUSD”) hosted the “all-comers” race at Polytechnic High School in December 2018. Rick Tyson, an All-American runner who had been coaching for West Ranch High School in Stevenson Ranch since 2010, volunteered as a pacesetter to ensure that runners did not exhaust themselves by taking off too fast in the 600-meter race.
Rule 4-6 of the National Federation of State High School Associations Track and Field and Cross Country Rules Book provides that “[i]t is an unfair act when a competitor receives any assistance,” including “[p]acing by a teammate not in the race or persons not participating in the event.”
Tyson set himself on the curved starting line behind and to the side of Alexandra Grande, a junior at Valencia High School at the time of the race. Grande is between five feet four inches and five feet five inches tall.
After the start of the race, Grande began to move from her starting position toward the inside lanes when she and Tyson collided. Grande says Tyson “tackled” her “like a football player,” causing her to fall and injure her anterior cruciate ligament.
Allegations of Complaint
Grande filed a complaint against LBUSD and Tyson in April 2019, asserting negligence claims and alleging:
“LBUSD knew, or in the exercise of reasonable care should have known, that Grande and other runners were likely to experience physical injury upon becoming entangled with Tyson who is a rather large adult male. By virtue of his size and lack of qualifications and training, the dangers and risks ordinarily associated with a track and field event were unnecessarily increased by Tyson’s participation and…LBUSD’s failure to prevent Tyson’s conduct.”
Los Angeles Superior Court Judge Michael P. Vicencia granted motions by the defendants for summary judgment, saying in the minute order:
“During oral argument, counsel for plaintiff could not identify anything about Tyson’s gender that increased the inherent risks. While it is true that, generally speaking, human males tend to be bigger than human females, there are females who can be far larger than the average male….If the court were to hold that a coach or a school can be held liable for allowing bigger people to run in track races, the ‘All-Comers’ meet becomes the ‘Persons-of-Correct-Body type’ meet.
“Since the wide application of Title IX, the United States has become a rather stunning example for women athletes around the world….[H]igh school athletes should be taught that only their ability limits their success on the track or field, not their body type.
“Since Tyson’s presence in the race cannot be said to have increased the risks already inherent in the sport, even if his presence was a violation of a rule, the motion for summary judgement is granted.”
Presiding Justice Gonzalo Martinez wrote the unpublished opinion, filed Monday, affirming the judgment. Justices Gail Ruderman Feuer and Natalie P. Stone joined in the opinion.
Assumption of Risk
Martinez noted that participation in a sporting activity is generally governed by a primary assumption of risk assessment under which a defendant owes no duty of care to protect a participant against dangers inherent to the sport.
He pointed out that “Grande does not meaningfully contest that collision with another runner is an inherent risk of running” and instead argues that “Tyson increased the inherent risk due to his: size and weight; position in line; aggressive movement toward the front of the pack; and carelessness.”
The jurist said that co-participants breach a duty of care to each other only if they engage in intentional or reckless conduct and concluded:
“Grande does not argue that Tyson’s position, assertiveness, or lack of awareness constituted intentional or reckless conduct. Although Grande argues Tyson ‘essentially tackled’ her and ‘fought his way through the pack,’ she does not contend this conduct was ‘so reckless as to be totally outside the range of the ordinary activity involved in the sport.’ ”
Pointing to Rule 4-6, Martinez said:
“Grande argues that Tyson’s presence as a pacesetter violated rule 4-6….But she does not explain how this purported violation creates a triable issue of fact regarding Tyson’s duty to her. In any event, even if we assume the rule violation, ‘not every rule imposed by an organizer…in a recreational activity reflects a legal duty enforceable in tort.’….Grande asserts additional factual disputes exist as to: who caused the accident; where Tyson was positioned at the start…; whether anyone announced Tyson would run in the race; and which rules governing high school track and field events were enforced at the meet. But these are not material because Grande does not contend these facts demonstrated Tyson intentionally injured her or was reckless.”
Host School Duty
The justice acknowledged that the host school of an interscholastic athletic competition owes a duty to all participants not to increase the risks inherent in a sporting event. Under this standard, he opined:
“Grande appears to fault the District for hosting an all-comers race and allowing all comers to race….[T]he risk Grande was exposed to was that inherent in the race she ran. Further, as discussed above, Tyson’s presence in the race did not increase the inherent risk that Grande would collide with another runner. Imposing liability for allowing Tyson, a larger man, to run as a pacesetter in an all-comers race would alter the nature of the sport.”
Martinez explained that schools may be held liable for a breach of care by coaches they employ but said “it is undisputed that Tyson was not Grande’s track coach.” Unpersuaded by Grande’s assertion that Tyson placed himself into a coach-like position when he inserted himself into the race as a pace-setter, the justice said:
“Even assuming without deciding that Tyson was nominally in charge of Grande as a pacesetter, as discussed above, collision with a runner of Tyson’s size and weight is an ordinary inherent risk of an all-comers race where adults may run with teenagers. Tyson’s position in line, purportedly aggressive movements, and lack of awareness are all risks inherent to (rather than increased risks in) a race with a waterfall start, where runners are expected to merge into the inside lane. As stated, Grande testified she would have collided with another racer even if Tyson had not run in the race. Grande has not raised a triable issue Tyson increased the risks already inherent in the race.”
The case is Grande v. Long Beach Unified School District, B316228.
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