Casterson

I. Introduction

In these original proceedings, the defendant in a personal injury action petitions for writ of mandate directing respondent court to vacate its order overruling her demurrer and to enter an order sustaining the demurrer without leave to amend. Petitioner Nancy Casterson is a public school teacher who contends that real party in interest Samuel Cardoso, Jr.’s claim that he was injured during a school field trip, as the result of her negligence in chaperoning the trip, is barred by the school field trip immunity set forth in Education Code section 35330. Petitioner acknowledges that section 35330, subdivision (d) expressly includes only school districts and the State of California in its immunity provision. However, petitioner argues that under the principles of statutory interpretation, the statute should be construed to include the employees of school districts. Otherwise, the Legislature’s intent to provide absolute immunity to school districts for personal injury claims arising from field trips would be undermined by the school district’s vicarious liability under Government Code section 815.2, subdivision (a), for injuries caused by an employee in the…