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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


  • YEGAN, J.


  • California Court of Appeal


  • For Appellant:
  • Mark Lieber, Steinbrecher & Associates, Encino, for Appellant.

  • For Appellees:
  • Calvin House, Gutierrez, Preciado & House, Pasadena, for Respondent.
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