Saville

Saville v. SIERRA COLLEGE

Good Law
133 Cal. App. 4th 857·36 Cal. Rptr. 3d 515
Court of Appeal of CaliforniaNovember 28, 2005C047923California5,825 words

Opinion

Opinion

Nicholson, J.

Plaintiff suffered injury while practicing arrest and control techniques during a peace officer training class. He sued the community college that offered the class for negligence. The trial court granted the college’s motion for summary judgment, determining the complaint was barred by the doctrine of primary assumption of risk. For the reasons that follow, we affirm.

UNDISPUTED FACTS

In 2000, plaintiff enrolled in helicopter flight school in Sacramento to become a helicopter search and rescue pilot. After four months of training, plaintiff left the school due to financial concerns. He planned to complete the remaining hours required for his training through on-the-job experience as a search and rescue helicopter pilot.

To improve his chances of being hired, plaintiff enrolled in a class at defendant Sierra College entitled Administration of Justice 600, also referred to as PC 832 (referring to Pen. Code, § 832), Arrest, Communications, and Firearms. Sierra College is a community college operated by the Sierra Joint Community College District. (For convenience, we refer to the different Sierra College entities named in plaintiff’s complaint as the College.)

The…

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