Case Summary

5021 REVIEW DENIED. The trial court improperly granted summary judgment to a school district and its employees and officials in an action involving a student who was sexually assaulted on a playground. The defendants had a duty of ordinary care to protect children on the playground from harm by third party tortfeasors because the school had a special relationship with its students. On remand, the plaintiff did not need to show that her specific injury was foreseeable provided it was foreseeable that one child might assault another on the playground in the absence of supervision.

J.H. v LOS ANGELES UNIFIED SCHOOL DISTRICT (Sexual Assault on the Playground) 183 CA4 123 REV DENIED [See Bartell v Palos Verdes Peninsula School Dist 83 CA3 492; Hoyem v Manhattan Beach City School Dist 22 C3 508]