Perna

Plaintiff minors, Regina and Royce Perna, brought this action for negligence against the Conejo Valley Unified School District through their guardian ad litem, Judy Perna.

We are asked to decide whether a school district may be held liable for injuries suffered by a student off school premises and after school hours when those injuries are the result of the school’s negligence while the student was on school premises. We hold that in such circumstances the school district may be held liable.

Facts

On October 9, 1979, Royce, age 12, was a student at Sequoia Intermediate School in Thousand Oaks. Her sister Regina, age 14, was a student at Newberry Park High School also in Thousand Oaks. The sisters customarily walked home from school together. At the end of the school day on Tuesday, October 9, 1979, Royce’s teacher asked her to stay after school and help grade papers. Regina waited for her sister and when the grading was completed at approximately 3 p.m. the girls left school and started home. Their route required them to cross the intersection of Borchard Road and Silas Avenue in Thousand Oaks.

The City of Thousand Oaks employs a school crossing guard at that location…