California Court of Appeal
Jennifer C. v. Los Angeles Unified School Dist., B205903
In an action for negligent supervision and maintenance of a dangerous condition of public property brought by special needs student who was sexually assaulted by another special needs student, summary judgment for defendant-school district is reversed where: 1) the trial court abused its discretion in concluding that plaintiff's expert witness on school safety did "not demonstrate any qualifications to give an expert opinion on issues of special education"; 2) there existed a triable issue of fact as to whether there was a dangerous condition of public property because of defendant's failure to erect a fence or other barrier to prevent students from gaining access to an alcove; and 3) there was a triable issue of fact as to whether the alcove was dangerous because it was hidden from the view of school staff.
Appellate Information
- Decided 12/08/2008
- Published 12/08/2008
Judges
- YEGAN, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Mark Lieber, Steinbrecher & Associates, Encino, for Appellant.
- For Appellees:
- Calvin House, Gutierrez, Preciado & House, Pasadena, for Respondent.