A.H.

Filed 9/24/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

A.H.,

Plaintiff and Respondent,

A165493, A166684

v. TAMALPAIS UNION HIGH (Marin County Super. Ct. SCHOOL DISTRICT, No. CIV2001133) Defendant and Appellant.

While a student at Tamalpais High School, A.H. was sexually abused by his school tennis coach Normandie Burgos. A.H. sued appellant Tamalpais Union High School District (District) for negligent supervision in failing to protect him from the abuse. At trial, A.H. argued District employees’ failure to properly investigate a different student’s earlier complaint that Burgos improperly touched him and their failure to properly supervise Burgos following the complaint “empowered” Burgos, resulting in his sexual abuse of A.H. A jury found the District negligent and awarded A.H. damages of $10 million. On appeal, the District raises two claims: first, that the trial court improperly instructed the jury and, second, that the trial court erred in allowing A.H. to present inadmissible evidence of Burgos’s conduct with others. Finding no error, we…