Halliman
Halliman v. Los Angeles Unified School District
Opinion
Opinion
Arguelles, J.
In this appeal from a judgment favoring a school district, we are called upon to determine whether workers’ compensation is the exclusive remedy for a teacher’s injuries caused by a student’s unprovoked assault while the teacher is acting within the scope of his employment.
Robert William Halliman and Joy Halliman, plaintiffs in a personal injury and loss of consortium action, appeal the order of dismissal following the granting of a motion for summary judgment. We affirm.
Facts
Robert William Halliman and his wife, Joy, (plaintiffs) filed a complaint for damages on March 15, 1983, against Louis Rodriguez, Aurelio Rodriguez, Maria Rodriguez, and the Los Angeles Unified School District (defendant) . The complaint alleged, among other things, that: (1) on November 4, 1982, plaintiff Robert William Halliman was employed as a teacher by defendant at Milliken Junior High School; (2) “Plaintiff’s injuries resulted from an incident which occurred on or about November 4, 1982, during school hours” and on school premises, when Louis Rodriguez, a student, intentionally threw a rock that hit the plaintiff teacher on the head; and (3) the student’s violent conduct occurred while…