California Court of Appeal

In a minor's appeal from a judgment in favor of the school district on a cause of action for negligent supervision of a teacher employed by the district, who sexually abused plaintiff on and off campus over several months while she was attending a district school, the trial court's judgment is reversed and remanded for a new trial where the court erred prejudicially in: 1) instructing the jury on negligent supervision; 2) admitting evidence of minor's prior sexual history; 3) instructing the jury on comparative fault because there was no evidence of any wrongful conduct by plaintiff and comparative fault has no application in a case involving the sexual abuse of a minor student by an adult teacher in a position of authority in a public school setting; 4) instructing the jury pursuant to CACI No. 433; and 5) instructing the jury on immunity.

Appellate Information

• Decided 09/17/2015
• Published 09/17/2015

Judges

• KIRSCHNER

Court

• California Court of Appeal

Counsel