Patterson

Plaintiff James Patterson was injured while participating in a truckdriver training course. Defendant Sacramento City Unified School District (District) offered the course as part of its adult education program. Patterson sued the District for negligent supervision. The trial court granted the District’s motion for summary judgment, ruling that the doctrine of primary assumption of risk barred Patterson’s negligence claim.

On appeal, Patterson contends judgment must be reversed because (1) the court improperly overruled a finding of duty in the District’s first summary judgment motion; (2) assumption of risk does not apply in the circumstances of this case; and (3) even if the assumption of risk doctrine applies, there are triable issues of fact on whether the District acted recklessly. We agree with plaintiff that assumption of the risk does not apply in these circumstances and shall reverse the judgment.

FACTUAL BACKGROUND

In spring 2003, Patterson enrolled in the District’s California Heavy Duty Truck Driving Program. The truck driving course provided students with the training and hands-on experience they needed to become professional truck-drivers. It consisted of…