Preview
ELECTRONICALLY FILED
superior Court of California,
County of Placer
07/22/2020
JOHN P. COTTER, State Bar No. 158783
ANTHONY R. ROSSMILLER, State Bar No. 215652
NY
1435 River Park Drive, Suite 400
Sacramento, California 95815
WY
T. (916) 565-6222 |F. (916) 565-6220
E. jpc@diepenbrockcotter.com | arr@diepenbrockcotter.com
F&F
Attorneys for Defendants
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PLACER UNION HIGH SCHOOL DISTRICT and
GREG KELDERMAN
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF PLACER
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10
11 MAXWELL AHLQUIST, by and through Case No.: S-CV-0044907
Guardian ad Litem, JUDY AHLQUIST,
12
Plaintiff, DECLARATION OF JOHN P. COTTER
13 IN SUPPORT OF DEMURRER
VS.
14
15 PLACER UNION HIGH SCHOOL DISTRICT;
GREG KELDERMAN; TEJADA HOLDING
16 COMPANY LLC dba SHERI GRIFFITH Date: September 4, 2020
EXPEDITIIONS (“SGE”) and DOES | through Time: 8:30 AM
17 20, inclusive, Dept.: 3
18 Defendants.
19
20 I,John P. Cotter, declare as follows:
21 1. I am an attorney licensed to practice law before this court. ©
22 2. I am part of the law firm Diepenbrock & Cotter LLP and represent defendants Placer
23 Union High School District and Greg Kelderman.
24 3. I have personal knowledge of the contents of this declaration and could competently
25 testify thereto if called as a witness.
26 4, On information and belief, attached as Exhibit “A” is a true and correct copy of the
27 plaintiffs complaint in this matter.
28 //
1
DECLARATION OF JOHN P.COTTER INSUPPORT OF DEMURRER
D: Prior to filing this demurrer, I contacted plaintiff's counsel Roger Dreyer to “meet
and confer”. Mr. Dreyer asked me to send him a letter with my legal position for the demurrer. I
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emailed and mailed a letter to Mr. Dreyer and his partner Robert Bale on July 8, 2020. A true and
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correct copy of my letter is attached as Exhibit “B”. A true and correct copy the response letter I
received from Mr. Bale is attached as Exhibit “C”.
6. Because it is my position that the demurrer should be sustained without leave to
amend, Iasked counsel for plaintiff to dismiss their case. As the court might imagine, the plaintiff
attorneys were not willing to do that. Needless to say, the parties were not able to resolve the
issues presented by the demurrer with a “meet and confer”.
I declare under penalty of perjury that the forgoing is true and correct except as to matters
stated on information and belief and as to those matters, Ibelieve them to be true and correct.
Dated this 14" day of July 2020 in Sacramento, California.
C XY.
JOHN P. COTTER
2
DECLARATION OF JOHN P.COTTER INSUPPORT OF DEMURRER
EXHIBIT A
ROGER A. DREVER, ESQ. / SBN: 095462
ROBERT B. BALE, ESQ. / SBN: 207999
DREYER BABICH BUCCOLA WOOD CAMPORA, LLP
NY
20 Bicentennial Circle
Sacramento, CA 95826
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Telephone: (916) 379-3500 ELECTRONICALLY FILED
Facsimile: (916) 379-3599 Superior Court of California,
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County of Placer
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05/15/2020
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By: OliviaLucatuorte, De Clark
Attorneys for Plaintiff ¥ pany
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF PLACER
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MAXWELL AHLQUIST, by and through his Case No.: S-CV-0044907
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Guardian ad Litem, JUDY AHLQUIST,
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Plaintiff, COMPLAINT FOR PERSONAL INJURIES
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PLACER UNION HIGH SCHOOL DISTRICT;
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GREG KELDERMAN; TEJADA HOLDING
COMPANY LLC dba SHERI GRIFFITH
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EXPEDITIONS (“SGE"”) and DOES 1 through
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20, inclusive,
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Defendants.
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through
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Plaintiff MAXWELL AHLQUIST, by and through his Guardian ad Litem, JUDY AHLQUIST,
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complains against Defendants PLACER UNION HIGH SCHOOL DISTRICT; GREG KELDERMAN;
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TEJADA HOLDING COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS (“SGE”) and DOES 1 through
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20 and alleges as follows:
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1. The true names and capacities -- whether individual, corporate, associate or
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otherwise -- of Defendants DOES 1 through 20, are unknown to Plaintiff,who therefore sues such
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to show their true names and
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DOES by such fictitiousnames. Plaintiffwill amend this Complaint
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capacities when the same have been ascertained. Each of the Defendants, and DOES 1 through
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Complaint forPersonal Injuries
20, are legally responsible insome manner -- negligently, In warranty, strictly, or otherwise -- for
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the incident that isthe subject of this Complaint.
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2. Plaintiff is now, and at alltimes herein mentioned was, a citizen of and resident
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within the County of Placer, State of California. Plaintiff further alleges that Defendants PLACER
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UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN are citizens and residents of, or doing
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business within, the County of Placer, State of California. The amount in controversy is in excess
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of the minimal jurisdictional limits of this Court.
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3. That itis unknown by Plaintiffat this time whether Defendants PLACER UNION HIGH
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SCHOOL DISTRICT and GREG KELDERMAN and DOES 1 through 10 are doing business as a
partnership, corporation, or other type of entity, and Plaintiff willask leave to amend this pleading
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to set forth their true names and capacities when the same have been ascertained.
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05-15-2020
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4, Plaintiff has caused a written Claim for Personal Injuries to be served on Defendant
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PLACER UNION HIGH SCHOOL DISTRICT, which that claim has been denied by the appropriate
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authorities. Plaintiffhas complied with allapplicable Government Code claims procedures.
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submitted
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S. Defendants TEJADA HOLDING COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS
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(“SGE”) and DOES 11 through 20 isa Utah corporation doing business nationally and in California.
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At all relevant times, Defendant SGE owned and operated a vacation river rafting company located
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in Moab, Utah, specializing in river rafting trips on the Colorado, Green, and Yampa Rivers.
6. It is unknown by Plaintiff at this time whether Defendants TEJADA HOLDING
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COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS (“SGE”) and DOES 11 through 20 are doing
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business as a partnership, corporation, or other type of entity, and Plaintiff will ask feave to
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amend this pleading to set forth their true names and capacities when the same have been.
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ascertained.
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7. Plaintiff is informed and believes and thereon alleges that, at all times herein
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mentioned, Defendants TEJADA HOLDING COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS
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(“SGE”) and DOES 11 through 20, and each of them, were acting within the course and scope of
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employment by Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN and
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DOES 1 through 10, and each of them. Plaintiff further alleges that all Defendants were agents,
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Complaint forPersonal Injuries
principals, partners, and/or joint ventures with each other, and/or had some other relationship
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imposing vicarious liabilityon each Defendant such that all Defendants are legally liable for the
acts and/or omissions of all other Defendants.
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8. On June 15, 2019, Plaintiff MAXWELL AHLQUIST was a student at Del Oro High
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4]School (“Del Oro”), a school! in the PLACER UNION HIGH SCHOOL DISTRICT. Plaintiff attending a
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summer education program sponsored by PLACER UNION HIGH SCHOOL DISTRICT and Del Oro.
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Called the “Southwest Summer Trip,” this program has been in effect through PLACER UNION
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HIGH SCHOOL DISTRICT and Del Oro since approximately 2008. The purpose of the trip is to
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study land and water issues of the Southwest United States, along with photography and outdoor
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education. This program is an extracurricular trip, separate and apart from any regular schoo!-
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related activities or curricular programs. Participants incur a significant charge in excess of $4,500
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05-15-2020
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to attend the trip, which lasts nearly a month and takes place entirely along a route from Del Oro
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to Moab, Utah, before returning to Del Oro. Defendant PLACER UNION HIGH SCHOOL DISTRICT
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set the fee to participate and collected ali payments from Plaintiff. Defendant PLACER UNION
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HIGH SCHOOL DISTRICT undertook to provide all transportation to all segments of the trip, which
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took place entirely off and away from the school premises.
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9. Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN
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specifically assumed responsibitity for coordinating, supervising, directing, managing, scheduling,
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and arranging all aspects of the trip. Defendants PLACER UNION HIGH SCHOOL DISTRICT and
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GREG KELDERMAN specifically assumed responsibility for selecting and contracting for allevents,
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activities, destinations, housing, and the like associated in any way with the trip. Defendants
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PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN specifically assumed
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responsibility for coordinating, supervising, directing, managing, and exercising reasonable care of
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and for all student participants, including without limitation Plaintiff MAXWELL AHLQUIST. Mr.
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AHLQUIST and approximately 17 other Del Oro students paid approximately $4,500 to attend this
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summer educational program. This program was not mandatory, but voluntary. It required a
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separate and substantial participation fee. Defendants PLACER UNION HIGH SCHOOL DISTRICT
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and GREG KELDERMAN, by and through its personnel, provided all transportation, planned the
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Complaint forPersonal Injuries
itinerary, arranged for all scheduled stops, and were responsible at all times for the educational
and practical aspects of the program. |
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10. The 2019 program started on June 2, and ended on June 29. Participating students,
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by and through their parents, registered for the program at Del Oro, and pald Del Oro to
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participate in the program. The program destinations included Parker Lake near June Lake; Mono
Lake and Rock Creek; Death Valley; Las Vegas and the Valley of Fire; Bryce Canyon National Park,
and Moab, Utah; the Colorado River; Lake Powell and Glenn Canyon Dam; Grand Canyon and
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Havasu Falls; Zion National Park; and Yosemite National Park, before returning home.
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11. At all times persons employed by and acting in the course and scope of their
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employment by PLACER UNION HIGH SCHOOL DISTRICT and Del Oro accompanied the students,
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including Del Oro teachers Defendant GREG KELDERMAN, and Robert Beltrami. Other chaperones
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also employed by and acting in the course and scope of their employment by PUHSD and Del Oro
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included Robin Adams; Lisa Airola; and Megan Kahn. Of these persons, PLACER UNION HIGH
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SCHOOL DISTRICT/Del Oro employee Defendant GREG KELDERMAN was the principal person in
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charge of organizing, administrating, supervising, directing, and managing the Southwest Summer
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Trip on behalf of PLACER UNION HIGH SCHOOL DISTRICT/Del Oro. At all relevant times, ail of
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these persons, Including without limitation Defendant GREG KELDERMAN and DOES 1 though 10,
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were acting in the course and scope of their employment by Del Oro High School/Defendant
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PUHSD.
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12. Throughout the trip the students and thelr teachers and chaperones camped out,
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hiked, rafted, and participated in a wide range of outdoor activities intended to benefit the
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students from an educational and experiential perspective. At all relevant times, the PLACER
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UNION HIGH SCHOOL DISTRICT/Del Oro students, Including MAXWELL AHLQUIST, all of whom
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were minors, were under the supervision, direction, and control of the Southwest Summer Trip
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DISTRICT/Del Oro, including without
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personnel employed by PLACER UNION HIGH SCHOOL
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limitation Defendant GREG KELDERMAN, and Del Oro teacher Robert Beltrami. |
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13. The Southwest Summer Trip included rafting the Green River in Utah. To that end,
Placer
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PUHSD/Del Oro hired Defendant SGE, a whitewater rafting outfitter located In Moab, Utah. The
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Complaint forPersonal Injuries
rafting portion of the Southwest Summer Trip included a six-day trip on the Green River, chosen
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because its reported water levels were lower (i.e.,more shallow), making for a milder rafting
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experience. SGE had provided rafting trips for the Southwest Summer Trip for years prior to 2019,
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and had Jong experience working with Defendants PLACER UNION HIGH SCHOOL DISTRICT and
GREG KELDERMAN.
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14. For this trip SGE
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employed rafts manufactured for
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commercial use by NRS, a company
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based in Moscow, Idaho. These rafts
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are capable of carrying approximately
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nine passengers. On June 15, 2019,
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the students were on the Green River
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near Desolation Canyon, about 20
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miles north of Green River, Utah when the SGE tour guides stopped for lunch. During that break,
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and for the firstand only time during the trip,SGE lead guide “Eric” (last name unknown) and the
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person in charge of the SGE guides, suggested what he termed an “afternoon activity,” and asked
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17 for volunteers to help “set up”. Setting up involved removing the oar lock at the back of the
18 passenger raft, removing the oars, and then flipping the raft over so that its bottom side was up
15 (see photo below, taken just after the subject incident). Eric then directed the application of liquid
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20 soap and water to the bottom of the raft, which was positioned lengthwise and perpendicular to
21 the river, with one end at the river's edge but stillon the landside, and the other end extending
Accepted
22 out into the river. Throughout this process, PLACER UNION HIGH SCHOOL DISTRICT/Del Oro
23 employees assisted in setting up the raft.
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24 15. The location where SGE stopped for lunch abutted a natural rise. Once the raft was
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25 set up, and with all PLACER UNION HIGH SCHOOL DISTRICT/Del Oro personnel present, Eric
26 demonstrated from the shore what was termed the raft “slip and slide.” Eric instructed the
students to start at the top of the rise, and then run down the incline towards the raft. As they
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27
28 neared the raft, students were to jump forwards onto the bottom of the raft, arms straight ahead
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Complaint forPersonal Injuries
in a “Superman” dive. The soap and water on the bottom of the raft provided extra lubrication to
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increase their speed towards the water.
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16. _ Eric instructed the teachers and chaperones, including Defendant GREG KELDERMAN
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and Del Oro teacher Robert Beltrami, along with some of the river guides and larger students, to
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stand along the sides, and at the front and back of the raft. The back of the “slide” was on the
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beach side. The front of the “slide” was in the river. Those at the back would stabilize the raft.
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Those at the front, including GREG KELDERMAN and Beltrami, and on the sides, were Instructed to
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liftthe front of the raft up as the student slid along the raft’s bottom, to provide lift,thereby
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launching the student up higher and further into the river.
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17. No adult, including not a single teacher or chaperone from PLACER UNION HIGH
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SCHOOL DISTRICT/Del Oro, or any persons employed by Defendant SGE, provided any instruction
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regarding how to coordinate the liftsor safely perform them. There was no instruction on the
proper timing of the lifts.No one was responsible for signaling when to initiatea lift,
or how high
to lift,the front of the raft. No warnings or instructions were given about the risks of lifting too
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submitted
high or too latein a particular “run’. Not a single PLACER UNION HIGH SCHOOL DISTRICT/Del Oro
teacher or chaperone, or any persons employed by Defendant SGE, expressed any concern about
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the risks of the activity, or made any effort to stop it. In every way, by Itsconduct, actions, and
participation, Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN and
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DOES 1 through 10, by and through their conduct, and the conduct of their employees,
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representatives, and agents, ratified, approved, and adopted the activity. In every way, by its
conduct, actions, and participation, Defendant SGE and DOES 11 through 20, by and through the
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conduct of its employees, representatives, and agents, ratified, approved, and adopted the
activity.
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18. _ Eric also positioned persons designated as “bucket holders” at the sides of the raft,
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whose job Itwas to pour water on the bottom of the raft between runs, to keep it wet and
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lubricated. At all relevant times, Defendant GREG KELDERMAN, Beltrami, and the other PLACER
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UNION HIGH SCHOOL DISTRICT/Del Ore employees willingly cooperated in this activity. The
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lifters,stabilizers, and bucket holders rotated among and between the teachers, chaperones, river
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Complaint forPersonal Injuries
guides, and students throughout the activity, without any attempt by any adult, including the
PLACER UNION HIGH SCHOOL DISTRICT/Del Oro personnel, to educate about the hazards
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associated with thisactivity.
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19. Atno time did Defendant GREG KELDERMAN, Beltrami, or any other PLACER UNION
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HIGH SCHOOL DISTRICT/Del Oro employee stop the activity, suggest a change In the protocol,
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modify any part of the activity, or instruct the students not to participate. No one from SGE or
PLACER UNION HIGH SCHOOL DISTRICT/Del Oro provided any safety instruction or warning of
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any kind to the students, including PlaintiffMAXWELL AHLQUIST. No Defendant, or any employee
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acting in the course and scope of their employment by any Defendant, measured or evaluated the
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depth of the water where students would be entering the river after they launched from the raft.
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Nor did any adult, including any PLACER UNION HIGH SCHOOL DISTRICT/Del Oro or SGE
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employees, assess, inspect, or otherwise evaluate the river for rocks, shallow points of entry, or
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other hazards. No adult, including any PLACER UNION HIGH SCHOOL DISTRICT/Del Oro or SGE
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employees, demonstrated a proper or safe technique for this activity. At all relevant times, the
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submitted
PLACER UNION HIGH SCHOOL DISTRICT/Del Oro personnel were willing participants in and
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supporters of the activity. At all relevant times, Defendant GREG KELDERMAN was acting in the
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course and scope of his employment by Defendant PLACER UNION HIGH SCHOOL DISTRICT, and
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was authorized and able to supervise, direct, and control the activity.
20. Up until the subject incident occurred, three to four persons manned the lifting
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stations around the raft. However, at some point in the activity, after most of the students had
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taken several turns, and the event appeared to be winding down, Plaintiff MAXWELL AHLQUIST
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was encouraged to take a final run for himself. At that time, in preparation for MAXWELL’s run, a
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total of five liftersvolunteered and/or were assigned to handle the raft. All of those lifters were
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male. One of them was Defendant GREG KELDERMAN, MAXWELL’S math teacher. Mr. KELOERMAN
and four other men stationed themselves near the front of the raft. Two other persons were
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stationed on the sides. This was two more liftersthan MAXWELL had experienced on any of his
prior runs.
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Complaint forPersonal Injuries
21, Every single
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prior time MAXWELL had used
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the “Superman” dive as
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directed by Eric, the SGE lead
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river guide. He repeated that
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dive on this last run. This
time, and unlike on_ his
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previous runs, the lifters,
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including Defendant GREG
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KELDERMAN, raised the front
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11 of the raft up higher. This changed MAXWELL’s trajectory, resulting in a steeper ascent. As a
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12 result, instead of belly flopping onto the river as he had before, MAXWELL’s head and upper body
13 went straight down into the river. As depicted in the photo above, the water level at the end of the
14 raft was very shallow. MAXWELL remembers that his head struck the river bottom, after which he
submitted
15 was unable to move. As a result of this contact, Mr. AHLQUIST sustained catastrophic injuries that
16 left him an incomplete quadriplegic at the age of 16 years.
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17 22) Defendant SGE has been in the business of providing whitewater rafting trips since
18 1971. According to its website, SGE “has been committed to developing and retaining the best
19 guides on the Colorado Plateau” from its very beginning. According to SGE, its guides complete
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20 “in-depth training prior to ever” transporting passengers down the river. Each guide, “has logged
21 enough whitewater trips and . . .demonstrated their abilities to read and run rivers on which they
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22 are guiding.” Many of the guides, “have current Wilderness First Responder or EMT certifications,
23 and all carry .. . basic First Aid and CPR training.” The guides undergo a comprehensive training
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24 program. Defendant SGE advertises that “We place client and staff safety as our #1 priority on
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25 every trip - no exceptions,” and that itsguides, “are skilled and highly trained professionals with
26 the experience and expertise to safely navigate any stretch of river.” At all relevant times
27 Defendant SGE, by and through its employees, possessed the background, training, knowledge,
Placer
28 and experience to safely manage, control, and direct whitewater rafting trips and all attendant
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Complaint forPersonal Injuries
activities, and to recognize and avoid activities that created a foreseeable risk of harm to paying
customers, particularly minor children.
PD
23. At allrelevant times Defendant SGE was in the business of providing river rafting
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trips. That business included transporting members of the public for hire to and from various
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destinations along the Colorado, Green, and Yampa River. At all relevant times Defendant SGE
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maintained a regular place of business, advertised its services to the general public, and charged
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standard fees for its services. Defendant SGE did not limit its services to certain members of the
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public, but provided such services to any member who was able to pay its charges.
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24. At all relevant times Defendant SGE was a common carrier, responsible for
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transporting passengers for hire throughout the river route. As a common carrier, Defendant SGE
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had a duty to use the highest care and vigilance, and to do all that human care, vigilance, and
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foresight could reasonably do under the circumstances to avoid harm to passengers, including
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without limitation Plaintiff MAXWELL AHLQUIST.
EERST CAUSE OF ACTION
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Plaintiff MAXWELL AHLQUIST, by and through his Guardian ad Litem, Judy Ahjlquist,
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complains against Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN
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and DOES 1 through 10, and alleges as follows:
25. Plaintiffincorporates herein by reference each and every allegation contained above
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Preview
ELECTRONICALLY FILED superior Court of California, County of Placer 07/22/2020 JOHN P. COTTER, State Bar No. 158783 ANTHONY R. ROSSMILLER, State Bar No. 215652 NY 1435 River Park Drive, Suite 400 Sacramento, California 95815 WY T. (916) 565-6222 |F. (916) 565-6220 E. jpc@diepenbrockcotter.com | arr@diepenbrockcotter.com F&F Attorneys for Defendants HN PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN DN HN SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo COUNTY OF PLACER Oo 10 11 MAXWELL AHLQUIST, by and through Case No.: S-CV-0044907 Guardian ad Litem, JUDY AHLQUIST, 12 Plaintiff, DECLARATION OF JOHN P. COTTER 13 IN SUPPORT OF DEMURRER VS. 14 15 PLACER UNION HIGH SCHOOL DISTRICT; GREG KELDERMAN; TEJADA HOLDING 16 COMPANY LLC dba SHERI GRIFFITH Date: September 4, 2020 EXPEDITIIONS (“SGE”) and DOES | through Time: 8:30 AM 17 20, inclusive, Dept.: 3 18 Defendants. 19 20 I,John P. Cotter, declare as follows: 21 1. I am an attorney licensed to practice law before this court. © 22 2. I am part of the law firm Diepenbrock & Cotter LLP and represent defendants Placer 23 Union High School District and Greg Kelderman. 24 3. I have personal knowledge of the contents of this declaration and could competently 25 testify thereto if called as a witness. 26 4, On information and belief, attached as Exhibit “A” is a true and correct copy of the 27 plaintiffs complaint in this matter. 28 // 1 DECLARATION OF JOHN P.COTTER INSUPPORT OF DEMURRER D: Prior to filing this demurrer, I contacted plaintiff's counsel Roger Dreyer to “meet and confer”. Mr. Dreyer asked me to send him a letter with my legal position for the demurrer. I nN emailed and mailed a letter to Mr. Dreyer and his partner Robert Bale on July 8, 2020. A true and we correct copy of my letter is attached as Exhibit “B”. A true and correct copy the response letter I received from Mr. Bale is attached as Exhibit “C”. 6. Because it is my position that the demurrer should be sustained without leave to amend, Iasked counsel for plaintiff to dismiss their case. As the court might imagine, the plaintiff attorneys were not willing to do that. Needless to say, the parties were not able to resolve the issues presented by the demurrer with a “meet and confer”. I declare under penalty of perjury that the forgoing is true and correct except as to matters stated on information and belief and as to those matters, Ibelieve them to be true and correct. Dated this 14" day of July 2020 in Sacramento, California. C XY. JOHN P. COTTER 2 DECLARATION OF JOHN P.COTTER INSUPPORT OF DEMURRER EXHIBIT A ROGER A. DREVER, ESQ. / SBN: 095462 ROBERT B. BALE, ESQ. / SBN: 207999 DREYER BABICH BUCCOLA WOOD CAMPORA, LLP NY 20 Bicentennial Circle Sacramento, CA 95826 WwW Telephone: (916) 379-3500 ELECTRONICALLY FILED Facsimile: (916) 379-3599 Superior Court of California, fF County of Placer WU 05/15/2020 ODO By: OliviaLucatuorte, De Clark Attorneys for Plaintiff ¥ pany N PM SUPERIOR COURT OF CALIFORNIA Oo 05:18:01 COUNTY OF PLACER 6o oe at MAXWELL AHLQUIST, by and through his Case No.: S-CV-0044907 SY oe Guardian ad Litem, JUDY AHLQUIST, 05-15-2020 oe WwW Plaintiff, COMPLAINT FOR PERSONAL INJURIES oe b&b Vv. oe submitted PLACER UNION HIGH SCHOOL DISTRICT; Ee UH GREG KELDERMAN; TEJADA HOLDING COMPANY LLC dba SHERI GRIFFITH BP A EXPEDITIONS (“SGE"”) and DOES 1 through eDelivery 20, inclusive, SF AN Defendants. SF through FB OO KN Plaintiff MAXWELL AHLQUIST, by and through his Guardian ad Litem, JUDY AHLQUIST, Accepted KF NN complains against Defendants PLACER UNION HIGH SCHOOL DISTRICT; GREG KELDERMAN; AWN TEJADA HOLDING COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS (“SGE”) and DOES 1 through Court NN 20 and alleges as follows: Superior 1. The true names and capacities -- whether individual, corporate, associate or HM N otherwise -- of Defendants DOES 1 through 20, are unknown to Plaintiff,who therefore sues such Oo NN to show their true names and Placer DOES by such fictitiousnames. Plaintiffwill amend this Complaint oN capacities when the same have been ascertained. Each of the Defendants, and DOES 1 through NY i Complaint forPersonal Injuries 20, are legally responsible insome manner -- negligently, In warranty, strictly, or otherwise -- for & the incident that isthe subject of this Complaint. WN 2. Plaintiff is now, and at alltimes herein mentioned was, a citizen of and resident oon within the County of Placer, State of California. Plaintiff further alleges that Defendants PLACER AB UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN are citizens and residents of, or doing mM business within, the County of Placer, State of California. The amount in controversy is in excess DO of the minimal jurisdictional limits of this Court. PM 3. That itis unknown by Plaintiffat this time whether Defendants PLACER UNION HIGH 05:18:01 SCHOOL DISTRICT and GREG KELDERMAN and DOES 1 through 10 are doing business as a partnership, corporation, or other type of entity, and Plaintiff willask leave to amend this pleading © lUS Ot at to set forth their true names and capacities when the same have been ascertained. &§ 05-15-2020 OUwNOUNDlUWNDUWDNDlURlUmSlUlUlU 4, Plaintiff has caused a written Claim for Personal Injuries to be served on Defendant N lll PLACER UNION HIGH SCHOOL DISTRICT, which that claim has been denied by the appropriate WY authorities. Plaintiffhas complied with allapplicable Government Code claims procedures. fh submitted lll S. Defendants TEJADA HOLDING COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS WT (“SGE”) and DOES 11 through 20 isa Utah corporation doing business nationally and in California. OA eDelivery At all relevant times, Defendant SGE owned and operated a vacation river rafting company located ON in Moab, Utah, specializing in river rafting trips on the Colorado, Green, and Yampa Rivers. 6. It is unknown by Plaintiff at this time whether Defendants TEJADA HOLDING HO through COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS (“SGE”) and DOES 11 through 20 are doing CO business as a partnership, corporation, or other type of entity, and Plaintiff will ask feave to FB Accepted amend this pleading to set forth their true names and capacities when the same have been. WH ascertained. W Court 7. Plaintiff is informed and believes and thereon alleges that, at all times herein OUND A mentioned, Defendants TEJADA HOLDING COMPANY LLC dba SHERI GRIFFITH EXPEDITIONS Superior NW own (“SGE”) and DOES 11 through 20, and each of them, were acting within the course and scope of N employment by Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN and Placer wv NN DOES 1 through 10, and each of them. Plaintiff further alleges that all Defendants were agents, oO -2- Complaint forPersonal Injuries principals, partners, and/or joint ventures with each other, and/or had some other relationship Ne imposing vicarious liabilityon each Defendant such that all Defendants are legally liable for the acts and/or omissions of all other Defendants. W 8. On June 15, 2019, Plaintiff MAXWELL AHLQUIST was a student at Del Oro High kk 4]School (“Del Oro”), a school! in the PLACER UNION HIGH SCHOOL DISTRICT. Plaintiff attending a UH summer education program sponsored by PLACER UNION HIGH SCHOOL DISTRICT and Del Oro. DO Called the “Southwest Summer Trip,” this program has been in effect through PLACER UNION On PM HIGH SCHOOL DISTRICT and Del Oro since approximately 2008. The purpose of the trip is to 05:18:01 study land and water issues of the Southwest United States, along with photography and outdoor wo education. This program is an extracurricular trip, separate and apart from any regular schoo!- CO CO at related activities or curricular programs. Participants incur a significant charge in excess of $4,500 &K& 05-15-2020 lll to attend the trip, which lasts nearly a month and takes place entirely along a route from Del Oro NY to Moab, Utah, before returning to Del Oro. Defendant PLACER UNION HIGH SCHOOL DISTRICT W set the fee to participate and collected ali payments from Plaintiff. Defendant PLACER UNION ah submitted HIGH SCHOOL DISTRICT undertook to provide all transportation to all segments of the trip, which MN tl took place entirely off and away from the school premises. Oo 9. Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN eDelivery nun specifically assumed responsibitity for coordinating, supervising, directing, managing, scheduling, OO OO and arranging all aspects of the trip. Defendants PLACER UNION HIGH SCHOOL DISTRICT and through © GREG KELDERMAN specifically assumed responsibility for selecting and contracting for allevents, OND ©& activities, destinations, housing, and the like associated in any way with the trip. Defendants OND Accepted = PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN specifically assumed ND NHN responsibility for coordinating, supervising, directing, managing, and exercising reasonable care of WwW NH Court and for all student participants, including without limitation Plaintiff MAXWELL AHLQUIST. Mr. &@ NHN AHLQUIST and approximately 17 other Del Oro students paid approximately $4,500 to attend this Superior mm NM summer educational program. This program was not mandatory, but voluntary. It required a on WS separate and substantial participation fee. Defendants PLACER UNION HIGH SCHOOL DISTRICT Placer NS ov and GREG KELDERMAN, by and through its personnel, provided all transportation, planned the Ww -3- Complaint forPersonal Injuries itinerary, arranged for all scheduled stops, and were responsible at all times for the educational and practical aspects of the program. | a WN 10. The 2019 program started on June 2, and ended on June 29. Participating students, onvr W by and through their parents, registered for the program at Del Oro, and pald Del Oro to nA participate in the program. The program destinations included Parker Lake near June Lake; Mono Lake and Rock Creek; Death Valley; Las Vegas and the Valley of Fire; Bryce Canyon National Park, and Moab, Utah; the Colorado River; Lake Powell and Glenn Canyon Dam; Grand Canyon and PM Havasu Falls; Zion National Park; and Yosemite National Park, before returning home. 05:18:01 11. At all times persons employed by and acting in the course and scope of their wo employment by PLACER UNION HIGH SCHOOL DISTRICT and Del Oro accompanied the students, Oe O at including Del Oro teachers Defendant GREG KELDERMAN, and Robert Beltrami. Other chaperones KF 05-15-2020 ll also employed by and acting in the course and scope of their employment by PUHSD and Del Oro N included Robin Adams; Lisa Airola; and Megan Kahn. Of these persons, PLACER UNION HIGH W SCHOOL DISTRICT/Del Oro employee Defendant GREG KELDERMAN was the principal person in St & submitted charge of organizing, administrating, supervising, directing, and managing the Southwest Summer wT OE Trip on behalf of PLACER UNION HIGH SCHOOL DISTRICT/Del Oro. At all relevant times, ail of OA OE eDelivery these persons, Including without limitation Defendant GREG KELDERMAN and DOES 1 though 10, KO ON were acting in the course and scope of their employment by Del Oro High School/Defendant SF PUHSD. SKF through UO 12. Throughout the trip the students and thelr teachers and chaperones camped out, OO ON hiked, rafted, and participated in a wide range of outdoor activities intended to benefit the ef» Accepted NN students from an educational and experiential perspective. At all relevant times, the PLACER NH UNION HIGH SCHOOL DISTRICT/Del Oro students, Including MAXWELL AHLQUIST, all of whom WD NU Court were minors, were under the supervision, direction, and control of the Southwest Summer Trip NY nwntdh DISTRICT/Del Oro, including without Superior personnel employed by PLACER UNION HIGH SCHOOL NY limitation Defendant GREG KELDERMAN, and Del Oro teacher Robert Beltrami. | NY 13. The Southwest Summer Trip included rafting the Green River in Utah. To that end, Placer wi NN PUHSD/Del Oro hired Defendant SGE, a whitewater rafting outfitter located In Moab, Utah. The a ~4G- Complaint forPersonal Injuries rafting portion of the Southwest Summer Trip included a six-day trip on the Green River, chosen BS because its reported water levels were lower (i.e.,more shallow), making for a milder rafting NY experience. SGE had provided rafting trips for the Southwest Summer Trip for years prior to 2019, BW and had Jong experience working with Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN. HO 14. For this trip SGE DOD employed rafts manufactured for ON PM commercial use by NRS, a company 05:18:01 based in Moscow, Idaho. These rafts oO are capable of carrying approximately OO ee at nine passengers. On June 15, 2019, fF 05-15-2020 the students were on the Green River NY near Desolation Canyon, about 20 W miles north of Green River, Utah when the SGE tour guides stopped for lunch. During that break, BP submitted and for the firstand only time during the trip,SGE lead guide “Eric” (last name unknown) and the nn Re person in charge of the SGE guides, suggested what he termed an “afternoon activity,” and asked an eDelivery 17 for volunteers to help “set up”. Setting up involved removing the oar lock at the back of the 18 passenger raft, removing the oars, and then flipping the raft over so that its bottom side was up 15 (see photo below, taken just after the subject incident). Eric then directed the application of liquid through 20 soap and water to the bottom of the raft, which was positioned lengthwise and perpendicular to 21 the river, with one end at the river's edge but stillon the landside, and the other end extending Accepted 22 out into the river. Throughout this process, PLACER UNION HIGH SCHOOL DISTRICT/Del Oro 23 employees assisted in setting up the raft. Court 24 15. The location where SGE stopped for lunch abutted a natural rise. Once the raft was Superior 25 set up, and with all PLACER UNION HIGH SCHOOL DISTRICT/Del Oro personnel present, Eric 26 demonstrated from the shore what was termed the raft “slip and slide.” Eric instructed the students to start at the top of the rise, and then run down the incline towards the raft. As they Placer 27 28 neared the raft, students were to jump forwards onto the bottom of the raft, arms straight ahead -5- Complaint forPersonal Injuries in a “Superman” dive. The soap and water on the bottom of the raft provided extra lubrication to ee increase their speed towards the water. AN 16. _ Eric instructed the teachers and chaperones, including Defendant GREG KELDERMAN W and Del Oro teacher Robert Beltrami, along with some of the river guides and larger students, to BR stand along the sides, and at the front and back of the raft. The back of the “slide” was on the ww beach side. The front of the “slide” was in the river. Those at the back would stabilize the raft. Am Those at the front, including GREG KELDERMAN and Beltrami, and on the sides, were Instructed to On PM liftthe front of the raft up as the student slid along the raft’s bottom, to provide lift,thereby 05:18:01 launching the student up higher and further into the river. o 17. No adult, including not a single teacher or chaperone from PLACER UNION HIGH UNDlUlUmrerlClCUCOlUlC DCOMWOUCNSNCLUMNClUNmUCCUCURDULUCUMWMwSLUCUCUN CUCU ett at SCHOOL DISTRICT/Del Oro, or any persons employed by Defendant SGE, provided any instruction 05-15-2020 regarding how to coordinate the liftsor safely perform them. There was no instruction on the proper timing of the lifts.No one was responsible for signaling when to initiatea lift, or how high to lift,the front of the raft. No warnings or instructions were given about the risks of lifting too oe submitted high or too latein a particular “run’. Not a single PLACER UNION HIGH SCHOOL DISTRICT/Del Oro teacher or chaperone, or any persons employed by Defendant SGE, expressed any concern about eDelivery the risks of the activity, or made any effort to stop it. In every way, by Itsconduct, actions, and participation, Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN and NO DOES 1 through 10, by and through their conduct, and the conduct of their employees, through representatives, and agents, ratified, approved, and adopted the activity. In every way, by its conduct, actions, and participation, Defendant SGE and DOES 11 through 20, by and through the Accepted NN conduct of its employees, representatives, and agents, ratified, approved, and adopted the activity. NO WwW Court 18. _ Eric also positioned persons designated as “bucket holders” at the sides of the raft, NO fa Superior whose job Itwas to pour water on the bottom of the raft between runs, to keep it wet and wm NN lubricated. At all relevant times, Defendant GREG KELDERMAN, Beltrami, and the other PLACER aA UNION HIGH SCHOOL DISTRICT/Del Ore employees willingly cooperated in this activity. The Placer N on lifters,stabilizers, and bucket holders rotated among and between the teachers, chaperones, river My -6- Complaint forPersonal Injuries guides, and students throughout the activity, without any attempt by any adult, including the PLACER UNION HIGH SCHOOL DISTRICT/Del Oro personnel, to educate about the hazards HD associated with thisactivity. WW 19. Atno time did Defendant GREG KELDERMAN, Beltrami, or any other PLACER UNION kh HIGH SCHOOL DISTRICT/Del Oro employee stop the activity, suggest a change In the protocol, OW modify any part of the activity, or instruct the students not to participate. No one from SGE or PLACER UNION HIGH SCHOOL DISTRICT/Del Oro provided any safety instruction or warning of ON PM any kind to the students, including PlaintiffMAXWELL AHLQUIST. No Defendant, or any employee 05:18:01 acting in the course and scope of their employment by any Defendant, measured or evaluated the o0 depth of the water where students would be entering the river after they launched from the raft. O at Nor did any adult, including any PLACER UNION HIGH SCHOOL DISTRICT/Del Oro or SGE & et 05-15-2020 employees, assess, inspect, or otherwise evaluate the river for rocks, shallow points of entry, or NY other hazards. No adult, including any PLACER UNION HIGH SCHOOL DISTRICT/Del Oro or SGE WwW employees, demonstrated a proper or safe technique for this activity. At all relevant times, the & submitted PLACER UNION HIGH SCHOOL DISTRICT/Del Oro personnel were willing participants in and AWN supporters of the activity. At all relevant times, Defendant GREG KELDERMAN was acting in the eDelivery course and scope of his employment by Defendant PLACER UNION HIGH SCHOOL DISTRICT, and DONS was authorized and able to supervise, direct, and control the activity. 20. Up until the subject incident occurred, three to four persons manned the lifting through oO Nm stations around the raft. However, at some point in the activity, after most of the students had CO taken several turns, and the event appeared to be winding down, Plaintiff MAXWELL AHLQUIST fF Accepted NR was encouraged to take a final run for himself. At that time, in preparation for MAXWELL’s run, a afuéawWN total of five liftersvolunteered and/or were assigned to handle the raft. All of those lifters were Court NN male. One of them was Defendant GREG KELDERMAN, MAXWELL’S math teacher. Mr. KELOERMAN and four other men stationed themselves near the front of the raft. Two other persons were Superior NN stationed on the sides. This was two more liftersthan MAXWELL had experienced on any of his prior runs. Piacer MN on Stl Complaint forPersonal Injuries 21, Every single Be prior time MAXWELL had used NY the “Superman” dive as WY directed by Eric, the SGE lead PF river guide. He repeated that DH dive on this last run. This time, and unlike on_ his ON PM previous runs, the lifters, 05:18:01 including Defendant GREG uo KELDERMAN, raised the front oO me at 11 of the raft up higher. This changed MAXWELL’s trajectory, resulting in a steeper ascent. As a 05-15-2020 12 result, instead of belly flopping onto the river as he had before, MAXWELL’s head and upper body 13 went straight down into the river. As depicted in the photo above, the water level at the end of the 14 raft was very shallow. MAXWELL remembers that his head struck the river bottom, after which he submitted 15 was unable to move. As a result of this contact, Mr. AHLQUIST sustained catastrophic injuries that 16 left him an incomplete quadriplegic at the age of 16 years. eDelivery 17 22) Defendant SGE has been in the business of providing whitewater rafting trips since 18 1971. According to its website, SGE “has been committed to developing and retaining the best 19 guides on the Colorado Plateau” from its very beginning. According to SGE, its guides complete through 20 “in-depth training prior to ever” transporting passengers down the river. Each guide, “has logged 21 enough whitewater trips and . . .demonstrated their abilities to read and run rivers on which they Accepted 22 are guiding.” Many of the guides, “have current Wilderness First Responder or EMT certifications, 23 and all carry .. . basic First Aid and CPR training.” The guides undergo a comprehensive training Court 24 program. Defendant SGE advertises that “We place client and staff safety as our #1 priority on Superior 25 every trip - no exceptions,” and that itsguides, “are skilled and highly trained professionals with 26 the experience and expertise to safely navigate any stretch of river.” At all relevant times 27 Defendant SGE, by and through its employees, possessed the background, training, knowledge, Placer 28 and experience to safely manage, control, and direct whitewater rafting trips and all attendant -8- Complaint forPersonal Injuries activities, and to recognize and avoid activities that created a foreseeable risk of harm to paying customers, particularly minor children. PD 23. At allrelevant times Defendant SGE was in the business of providing river rafting W trips. That business included transporting members of the public for hire to and from various FF destinations along the Colorado, Green, and Yampa River. At all relevant times Defendant SGE WH maintained a regular place of business, advertised its services to the general public, and charged OO standard fees for its services. Defendant SGE did not limit its services to certain members of the ON PM public, but provided such services to any member who was able to pay its charges. 05:18:01 24. At all relevant times Defendant SGE was a common carrier, responsible for Oo transporting passengers for hire throughout the river route. As a common carrier, Defendant SGE O at had a duty to use the highest care and vigilance, and to do all that human care, vigilance, and FB ot 05-15-2020 foresight could reasonably do under the circumstances to avoid harm to passengers, including WN without limitation Plaintiff MAXWELL AHLQUIST. EERST CAUSE OF ACTION B submitted WH Plaintiff MAXWELL AHLQUIST, by and through his Guardian ad Litem, Judy Ahjlquist, A eDelivery complains against Defendants PLACER UNION HIGH SCHOOL DISTRICT and GREG KELDERMAN ON Ee and DOES 1 through 10, and alleges as follows: 25. Plaintiffincorporates herein by reference each and every allegation contained above O06 EF through