Thompson

Christopher J. Thompson (plaintiff), a minor, was injured during an argument in school when he was punched by another student. The injury occurred the day after it appeared that the assailant had threatened to hit another student and was suspected of having set fire to a poster on a school bulletin board.

Plaintiff and his parents appeal from the judgment entered in favor of the Sacramento City Unified School District (defendant) after the trial court granted defendant’s summary judgment motion in this personal injury action. Appellants contend that they have demonstrated a triable issue of material fact regarding defendant’s liability for negligence due to its failure to suspend the assailant from school before plaintiff was injured and its failure to exercise reasonable care in supervising students in its charge. Appellants also argue that the court erred in excluding declarations of their experts. We shall affirm the judgment.

As we will explain, defendant did not owe a duty to plaintiff to suspend the assailant on the day before he injured plaintiff and, in any event, on the facts of this case, a properly instructed jury could not find that defendant acted…