Skinner

Vacaville Unified School District (hereafter School District) appeals a judgment awarding damages to a former student for injuries she suffered in an attack by another student. The plaintiff, Tracy Rae Skinner (hereafter Tracy or plaintiff), appearing through her guardian ad litem, Linda Skinner, alleged a cause of action for negligence against the School District and a separate cause of action for battery against her assailant, Carlos Patrick Orozco (hereafter Carlos). In a special verdict, the jury found the School District to be negligent and found damages of $97,101.05. Applying the principles of comparative fault, the jury found the School District liable for 60 percent of this amount. The jury found Carlos to be liable for the full amount of damages by reason of a battery. The School District alone appeals.

The incident occurred on October 2, 1990, during a volleyball game in a physical education class at Will C. Wood High School in Vacaville, California. The class was divided into six to eight teams of six or seven players who played on either side of a series of nets erected in the gymnasium. A single teacher was responsible for supervision of play. Tracy, a…