JENNIFER C. v. Los Angeles Unified School District

A “special needs” child, i.e., a child suffering from mental and/or physical disability, cannot reasonably be expected to take care of himself or herself. Such a child at public school needs help and protection. This case illustrates the unique vulnerability of such a child and the unique responsibility of a school district to such a child. (M. W. v. Panama Buena Vista Union School Dist. (2003) 110 Cal.App.4th 508, 520, 521 [ 1 Cal.Rptr.3d 673 ].)

Jennifer C. appeals from a summary judgment entered in favor of the Los Angeles Unified School District, respondent. Appellant is a “special needs” student who was sexually assaulted by another “special needs” student on school grounds. She brought an action against respondent alleging negligent supervision and maintaining a dangerous condition of public property. Appellant contends that the trial court erroneously granted the motion for summary judgment because triable issues of material fact existed as to both causes of action. We reverse.

Facts

On April 11, 2005, appellant was a 14-year-old student at Virgil Middle School (Virgil) in Los Angeles. She is a person with mental disability. She suffers from hearing disability,…