Halliman

Halliman v. Los Angeles Unified School District

Good Law
163 Cal. App. 3d 46·1984 Cal. App. LEXIS 2878·209 Cal. Rptr. 175·49 Cal. Comp. Cases 818
Court of Appeal of CaliforniaDecember 21, 1984B006467California1,844 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.