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1 1l? 3 a v 11 tz IJ 1A 1 1 l t..,.r.3 ALCOCK & ASSOCIATES, P.C. 2 N. Central Ave., 2e Floor Phoenix. Arizona 0M Telephone (02) -000 Facsimile (02) -3 Nicholas M. Alcoek (#0) Jill S. Hastings (#021) Arrcpn ScxnNr IIAwKTNS & Rtccl,c'RDl P.C. 72 North 2th Street, Suite 0 Phoenix, Arizona 01- Telephone (02) 2/,-3 Facsimile: (02) 2-0 J. Tyrrell Taber (*02M) Attornevs for Plaintiffs JOEL BURGOS and KARLA ANCHONDO, husband and wife, as surviving natural parents on behalf of BRYAN ANCHONDO BURGOS, deeeased, Plaintiffs, CARTWRIGHT SCHOOL DISTRICT NO. 3; and G. FRANK DAVIDSON ELEMENTARY; JOHN and JANE DOES i- XX; ABC LIMITED LTABILITY BUSINESS ENTITIES I-X: XY Z PARTNERSHIPS I-XX; BLACK and WHITE CORPORATIONS I-XX 11 Stp 1 pfi FILED av ffi7nt&r-t IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA,oep PAID q 7q itdn. caseno.: CU 2C 1 i COMPI,AINT (Tort-Wrongful Death) (Jury Trial Demanded) z.+ Defendants.,< -l-

2 1 Plaintiffs, Joel Burgos and Karla Anchondo, a married couple and statutor Plaintiffs allese: J PARTIES, JURISDICTION, AND VENUE 1". Plaintiffs, Joel Burgos and Karla Anchondo (hereafter, Plaintiffs) are a were at all relevant times residents of Maricopa County, Arizona. Plaintiffs are surviving natural parents of Bryan Anchondo Burgos, deceased. 2. Joel and Karla bring this lawsuit in their capacity as designated statuto tl 'J.2 IJ l 1 1 t7 1 zo 2l Plaintiffs. They also bring it on behalf of all designared statutory beneficiaries. 3. The decedent, (hereafter, Bryan), was at all relevant times a resident Maricopa County.. Defendant, Cartwright School District No. 3 (hereafter, the District) is political subdivision of the State of Arizona. Defendant, G. Frank Davidson Elementary School (hereafter, the School) i a public school within the Cartwright School District No. 3.. Does 1 - are as yet unnamed individuals who, upon information belief, have caused or contributed to the harm alleged by Plaintiffs. When the true correct names of these individuals are learned. Plaintiffs will seek leave of the Court substitute their true narnes accordingly. 7. Corporations 1 - and Partnerships l- - are fictitious business entit who, upon information and belief, have caused or contributed to the harm alleged b Piaintiffs. When the true and correct names of these business entities are learned Plaintiffs will seek leave of the Court to substitute their true names accordingly. J 2 2. Individualiy named defendants and ali other yet-to-be-named defendan were acting within the course and scope of their employment and/or agency relationshi with their respective employers/masters so as to render their e -') -

3 1 2 J vicariously tiable for their conduct under general agency iaw and the principles respondeat siiperior. ' AII of the acts described in this Cornplaint occurred in Maricopa County Arizona. Each Defendant caused an act or injury to occur in Maricopa County, out which Plaintiffs' claims arise.. Jurisdiction and Venue are proper in this Court. GENERAL ALLEGATIONS () t "t l 1 t7 l 21. ZJ at 2 1i. on september 1,, Bryan Anchondo Burgos was a fifth grade stude attending G. Frank Davidson Elementary School, a subsidiary of the Cartwright Schoo District No. 3 in the Maryvale community of Phoenix, Arizona in Maricopa County. 12. on that date, ten year old Bryan collapsed and died during an physical educarion class in the School yard. 13. The unusually high temperatures of September 1 created an u risk of harm to the students at the school. The District and the school knew or shou have known that allowing children to engage in vigorous physical activity such as cauntlet would expose the children to the forcible risk of harm. 7. The risk of harm is enhanced by the fact that this was the beginning of school year, the children had not been actively working out or training that summer, we poorly hydrated and generally not prepared for stringent activity of rhe type required participate in the Gauntlet. 1. A well-known and unfortunately all too often documented risk of allowi school children to participate in rigorous physical activity in high heat is a variety of related injuries, including, but not limited to hyperthermialheatstroke which causes internal body temperature to elevate dramatically. -J-

4 i 1. Heatstroke/hyperthermia is foreseeable in situations where children dehydrated, while e.ngaging vigorous physical activiry in hot weather On September 1,, two physical education classes had been combi and only two instructors were responsible for approximately fifty (0) students. The P. class convened indoors and was guickly led outdoors bv the P.E. instructors to playing field to begin a running/exercise called the "Gauntlet". 1. The activities took place under the control and supervision of the two v l1 t2 IJ instruclors Catherine Reiter and Brian Balog.. At all relevant tirnes. Catherine Reiter and Brian Baloe were in the cou and scope of their employment with the defendants, so as to render the defendan District and school vicariously iiable for all the conduct of Reiter and Balog that or contributed to Brvan's death.. The Gauntlet was a running and throwing exercise where half the student L l l l1 l l 2A 2l ran down a lane bordered by cones, while the other half of the srudents attempted to hi them with foam balls. 21. Bryan was assigned to unseasonably hot day in Phoenix. degrees. the running team. September 1, The temperature reached a hieh of. While running the Gauntlet Bryan collapsed and fell down into the schoo yard grass. The two instructors were oblivious to his piight until a group of was a at least 1 approached P.E. instructor Reiter, and advised her that Bryan was lying face down in grass crying and in need of help. Reiter then called the other P.E. instructor Balog, to 2 2 scene. -a,l). Neither of the P.E. teachers properly responded to the emergent situation. --

5 I 2 2. lnstead of initiating CPR, calling 11 or rendering immediafe medica assistance, Balog iurned Bryan over io assess the situation, shook him and asked if was ok. He was not. Bryan had ceased crying, his respiraiion rate had dropped and h? ) 7 l0 l1 t2 l3 t l l tt l l lu 'r1 was non-responsive. A properly trained and experienced P.E. instructor would recogni the danger. 2. Balog radioed for the school nurse and requested a wheeichair. After first radio contact, Reiter informed Balog that she could no longer detect a pulse Bryan. Balog again radioed the school office and finally requested a call to 11. Neithe teacher carried a cell phone. 2. The first call to 11 was placed at 71:7 a.m. from the school office. caller told the 11 operator that a student "passed out" on the playground. 27. By the time the school nurse arrived at the field, Bryan was not breathi and obviously endangered. A second call from the school office was placed to 11 11:2 a.m. This time the caller informed the operator that the child was non-responsive Incomprehensibly, the EMTs were instructed to come to the office and not to go directl to Bryan in the school yard. 2. When the EMTs finally made it to Bryan in the school yard, they struck by the immediate gravity of his condition. They recognized instantly that this a dire situation and they complained about the delay in allowing them access to Bryan. 2. The EMT's were unable to revive Bryan; they did transport him to S Joseph's Hospital for lifesaving measures. 30. The doctors at St. Joseph's were also unable to revive Bryan and he pronounced DOA.., 2 --

6 I 2 3 A COUNT ONE (Wrcngful Death/Negligence) 31. Joel and Karla are staturory beneficiaries. 3?. As a direct and proximate result of the Defendants' negligence, Brya wrongfully died. 33. Defendants Cartwright School District No. 3, G. Frank Da Elementary School, and their employees and agents owed Plaintiffs and Bryan the dut l,.t T2 t{ J A 2 to act as reasonably careful entities or Dersons would act under the same or simila circumstances. 3. Defendants owed Plaintiffs and Bryan a duty to supervise and regulate schools, making them reasonably safe to attend. 3. The conduct of the Defendants was unreasonablv careless and breached t duty owed to Plaintiffs and Bryan. 3. As a direct and proximate result of the Defendants' negligence. statutory beneficiaries have sustained a loss of love, affection, companionship, protection and the ability to provide guidance since the death and into the future. 37. As a direct and proximate result of the Defendants' negligence, statutory beneficiaries have sustained pain, grief, sorrow, anguish, stress, shock an mental suffering and will reasonably probably experience the same in the future. 3. As a direct and proximate result of the Defendants' negligence. statutory plaintiffs have sustained reasonable funeral, burial and medical expenses for injury that resulted in Bryan's death. 3. Plaintiffs requesr a trial by jury. REQUEST FOR JURY TRIAL --

7 I REQUEST FOR RELIEF W-iiEREFORE, Piaintiifs requesi the following relief: Compensatory, special, and general damages, costs, and any addirional relief the Court finds appropriate from the evidence. DATED this 1'h day of Seprember,ZOII. 1 ALCOCK & ASSOCIATES. P.C. By: Ni 1l L2 Phoenix, Arizona 00 Attorneys for Plaintiffs l t\ l 11 l 'r 'r 1

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