Eric

Plaintiff and appellant Eric M. (Eric), by and through his guardian ad litem, Gloria M., brought this action against defendant and respondent Cajon Valley Union School District (the District), alleging that his injuries from being hit by a car were proximately caused by the District’s failure to supervise adequately the process of his dismissal from school and anticipated schoolbus ride home. After six-year-old Eric boarded but then immediately left the schoolbus (telling the bus driver he saw his father’s car), shortly after school had ended for the day, he started walking to the bus stop where he thought his mother would pick him up, but he was hit by a car as he crossed the street.

Eric appeals from a judgment of dismissal entered against him after the trial court granted the District’s motion for summary judgment and denied Eric’s motion for summary adjudication on the existence of an affirmative duty not to let him off the bus under those circumstances. The trial court’s ruling to grant the District’s summary judgment motion was based on its analysis of duty and immunity under Education Code section 44808, under the circumstances of a student being injured by being…