Wolfe

In this personal injury action we examine the immunities afforded school districts under sections 44808 and 35330 of the Education Code (all unspecified section references are to that code) and uphold a summary judgment granted in favor of defendant Dublin Unified School District (the district) based on the immunity provided by section 35330 for injuries students sustain while on field trips.

Background

Plaintiff Steven Wolfe is a minor suing through parents acting as his guardians ad litem. He alleged he was injured when, on the way home from a “field trip” with his first grade class from an elementary school in the district, the car of the parent driver with whom he was riding collided with a truck at the intersection of Highway 4 and Sellers Avenue in an unincorporated area of eastern Contra Costa County. He sued the district and the driver, alleging negligence, and the driver cross-complained against the district. The summary judgment, granted to the district alone on Wolfe’s complaint, left pending his action against the driver, and the driver’s cross-complaint. The resulting summary judgment resulting in dismissal is appeal-able as finally disposing of all issues…