Lilley

Joshua R. Lilley (plaintiff) filed this negligence action against Elk Grove Unified School District and Brandon Matsumoto, the wrestling coach at Joseph Kerr Middle School, seeking to recover damages for a broken arm plaintiff suffered while participating in wrestling as an extracurricular school activity. The trial court held that primary assumption of the risk was a complete defense to the cause of action and granted defendant’s motion for summary judgment. Plaintiff appeals from the ensuring judgment entered in favor of defendants.

This appeal is noteworthy because plaintiff contends that Education Code section 44807 eliminates primary assumption of the risk as a defense to a negligence action brought by an elementary or secondary school student who is injured while engaging in any extracurricular sporting activity offered by a school.

We disagree. As we shall explain in the published part of this opinion, Education Code section 44807, which imposes upon teachers a general duty to supervise students, does not evince an intent to modify common law assumption of the risk principles. Moreover, the imposition of a duty to protect student athletes from risks inherent in…