Eric M. v. Cajon Valley Union School District
Filed May 20, 2009
Cite as 2009 SOS 2946

School Liability in Student’s Injuries Caused by Car Reversed, Upheld

Eric M. (Eric) was a 6-year old student of Cajon Valley Union School District (the District). His parents signed up for the school bus program and paid a fee for Eric to be dropped off after school. The transportation safety plan (TSP) provided that the bus service would be available for those who signed up for it but not mandatory.

When Eric was dismissed from school, he boarded the bus but left shortly after. He told the bus driver he saw his father’s car and begun walking at the bus stop. As he was crossing the street, he was hit by a car.

Eric, through Gloria M. (Gloria), his guardian ad litem, filed a case against the District. Gloria argued that Eric’s injuries was proximately caused by the District’s failure to supervise him from the moment the class was dismissed to his anticipated school bus ride home.

Eric appealed from the judgment of the trial court granting the District’s motion for summary judgment and denying Eric’s motion for summary adjudication.

The trial court granted the motion for summary judgment on the ground that the District owed no duty to Eric as he was hit by a car after school and off campus. Hence, the district has no duty to provide Eric safe transportation under the TSP. Moreover, the District is immune from liability under the Education Code section 44808.

On appeal, Eric argued that the District had been remised in its duty to exercise reasonable care by letting him leave the bus without ensuring that he had alternative transportation.

In reversing the trial court’s judgment, the appellate court ruled as follows:

1. The District was not immune from liability under Education Code Section 44808.
   
   The District may be held liable for injuries incurred by a student where it has undertaken to transport the latter to and fro the school premises. A school may also be held liable when it failed to exercise reasonable care under the circumstances.
   In the present case, Eric was under the immediate and direct supervision of the school when he was struck by a car shortly after leaving the bus. This case was a clear exception to immunity under Section 44808.


2. Triable issues of fact existed as to whether the District breached its duty to transport Eric safely when it allowed him to leave the bus after he allegedly saw his father’s car.

Hence, the appellate court reversed the summary judgment granted by the trial court.