Yarber
Yarber v. Oakland Unified School District
Opinion
Opinion
Rouse, J.
In this case we hold that plaintiff engaged in a “hazardous recreational activity” when he injured himself playing basketball in a junior high school gymnasium, and defendant school district is immune from liability under Government Code section 831.7. We find it unnecessary to discuss the issue of assumption of risk raised by defendant. The judgment for plaintiff is reversed, and the trial court is directed to enter judgment for defendant school district.
I
The facts are undisputed. Anthony Yarber was injured while playing in an adult basketball game, after school hours, at the Havenscourt Junior High School gymnasium on November 18, 1985. The junior high school is part of the Oakland Unified School District. Yarber and the other players had rented the gymnasium for $30 from defendant school district for this and other games. Yarber had played basketball in community basketball leagues from 1976 to 1985. He had played basketball at this particular gym previously. None of the games were sanctioned or supervised by defendant school district. No referees controlled the game.
During the game on November 18, Yarber was hit in the act of shooting. The impact propelled him…