Iverson

In this case we address the question whether Government Code section 831.7, which provides qualified immunity to public entities and public employees for injuries sustained by a person during “hazardous recreational activity,” immunizes a school district from liability for injuries sustained by a minor student during a soccer match conducted as part of a junior high school physical education class. The superior court concluded immunity attached as a matter of law and granted the school district’s motion for summary judgment on the minor’s complaint for negligence. Michael Iverson, the minor, by and through his guardian ad litem, appeals from the summary judgment granted in favor of Muroc Unified School District et al. (the District).

The parties agree that 14-year-old Michael suffered a double fracture of his right forearm while engaged in a soccer match on a school field. The match occurred during an eighth grade physical education class conducted during regular school hours. As described by Michael, at the time of his injury he had just kicked the ball down field and was lying on his left side. He was “slide tackled” by another student who slid into him and kicked his…