Lucas

This is an appeal by plaintiffs, John Lucas and his mother, Vicki L. Lucas, from a judgment entered in favor of defendant Fresno Unified School District (District) following the grant of District’s motion for summary judgment. The question presented is whether the doctrine of implied assumption of risk bars plaintiffs from holding District liable for the negligent failure to supervise John and other pupils while on school grounds, which negligence proximately caused John to be struck in the eye with a dirt clod.

Factual and Procedural Background

On May 18, 1987, John Lucas (John), aged 10 years, was a student at Vinland Elementary School in Fresno. During the 10 a.m. morning recess, John saw other students throwing dirt clods at one another and joined in the activity. He saw approximately 100 clods thrown before he joined in. He threw two dirt clods aimed at other students who were approximately twenty-five feet away, before any clods were thrown at him. After throwing the clods, John took refuge behind a “kickboard.” Before sticking his head out he heard about eight clods hit the “kickboard.” After several minutes, John stuck his head out and was hit in the eye. Before…