Torsiello

Peter Thomas Torsiello (appellant) brought an action for negligence against the Oakland Unified School District (respondent), Jerry Green, a teacher employed by respondent, and others. Appellant appeals from the judgment entered in favor of respondent following the granting of respondent’s motion for summary judgment.

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 resulted from the alleged negligence of a school district employee under circumstances where (1) the student was not going to or from school and (2) there was no misconduct on the part of, or danger to the safety of, the student or other children present at the time of the incident. We hold that the school district may not be held liable under these circumstances.

On March 14, 1983, appellant, age 10, was a student at Chabot Elementary School in Oakland (Chabot). After school, he walked to his day care center and informed the proprietor (Ms. Attebery) that he would not be attending day care that afternoon because he was going to the movies. Appellant then left the center, and approximately 45…