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Tardiff v. Shoreline School District

March 3, 1966

JOHN TARDIFF, APPELLANT,
v.
SHORELINE SCHOOL DISTRICT ET AL., RESPONDENTS



Appeal from a judgment of the Superior Court for King County, No. 604389, Theodore S. Turner, J., entered October 9, 1964.

Langenbach, J.*fn* Rosellini, C. J., Hill, Ott, and Hale, JJ., concur.

Author: Langenbach

John Tardiff has appealed from a summary judgment dismissing his action (by guardian ad litem) against the school district for injuries sustained in falling from a cargo net.

On May 27, 1963, the 7-year-old appellant was injured when he fell from a rope cargo net hung in the gymnasium of the respondent school district. The cargo net has been used in the school since 1961 as part of the physical education training program, in the same manner as a climbing rope, climbing ladder, climbing pole, horizontal ladder and climbing tree.

The complaint alleged negligence (a) in failing to provide reasonable protection over appellant's person, (b) in failing to properly supervise the activities conducted by the school, and (c) in advancing and putting into effect a plan, the reasonable and foreseeable consequence of which was to cause injury to the minor appellant.

The trial court granted the school district's motion for summary judgment on the ground that it was immune, the cargo net being an athletic apparatus within RCW 28.58.030.*fn1

Appellant contended that (1) RCW 4.92.090,*fn2 as amended in 1963, repealed by implication RCW 28.58.030; (2) the cargo net was not an athletic apparatus within RCW 28.58.030; and (3) RCW 28.58.030 was not applicable to the alleged negligence.

1. Does RCW 4.92.090 repeal by implication the school immunity provided in RCW 28.58.030?

[1] It is a well-settled principle of law in this state that repeal by implication is disfavored. Abel v. Diking & Drainage Improvement Dist. No. 4, 19 Wash. 2d 356, 142 P.2d 1017 (1943).

In State ex rel. Reed v. Spanaway Water Dist., 38 Wash. 2d 393, 397, 229 P.2d 532 (1951), it was stated:

The general rule of statutory interpretation respecting implied repeals . . . provides that, in the absence of specific repealing language, a prior act is not repealed by the enactment of a later act relating to the same matter. The exception to the general rule permits a repeal by implication if the later act:

1. Covers the entire subject matter of the earlier legislation;

2. Is complete within itself;

3. Is evidently intended to supersede the prior legislation on the subject; or

4. If the two acts are so clearly inconsistent with and repugnant to each other that they cannot by fair and reasonable construction be ...


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