California Court of Appeal

Hemady v. Long Beach Unified Sch. Dist., B184274

In case alleging plaintiff, a 12-year-old student, was struck in the face with a golf club by another student during a seventh grade physical education golf class, summary judgment in favor of defendants is reversed since defendants' potential liability must be determined pursuant to the prudent person duty of care rather than the limited duty of care, arising in certain sport settings, as the policies which support the limited duty of care do not apply to a seventh grade golf class.

Appellate Information

• Decided 09/28/2006
• Published 09/28/2006

Judges

• KITCHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edna V. Wenning;  Bond Curtis and Alexander W. Kirkpatrick, Pasadena, for Plaintiffs and Appellants.


• For Appellees:
  
• Thomas Law Firm and Allen L. Thomas, Long Beach, for Defendants and Respondents.