Avila

During an intercollegiate baseball game at a community college, one of the home team’s batters is hit by a pitch. In the next half-inning, the home team’s pitcher allegedly retaliates with an inside pitch and hits a visiting batter in the head. The visiting batter is injured, he sues, and the courts must umpire the dispute.

We are asked to make calls on two questions: (1) Does Government Code section 831.7, which immunizes public entities from liability for injuries sustained during “hazardous recreational activities,” bar recovery against the home community college district, and (2) if not, does the community college district owe any duty to visiting players that might support liability? We conclude that section 831.7 does not extend to injuries sustained during supervised school sports, but that on the facts alleged the host school breached no duty of care to the injured batter. We reverse the judgment of the Court of Appeal.

Factual and Procedural Background

Jose Luis Avila, a Rio Hondo Community College (Rio Hondo) student, played baseball for the Rio Hondo Roadrunners. On January 5, 2001, Rio Hondo was playing a preseason road game against the Citrus Community…

I concur in part I of the majority opinion. There, the majority correctly holds that the statutory immunity conferred on public entities for an injury occurring during a “hazardous recreational activity” (Gov. Code, § 831.7) does not apply to injuries in intercollegiate baseball games.

I do not, however, join part II of the majority opinion. There, the majority holds that a baseball pitcher owes no duty to refrain from intentionally throwing a baseball at an opposing player’s head. This is a startling conclusion. It is contrary to the official view in the sport that such conduct “should be—and is—condemned by everybody.” (Off. Rules of Major League Baseball, rule 8.02(d), off. corns.)

Central to the majority’s holding is its reliance on the legal rule that there is no duty to avoid risks “inherent” in a recreational sport. 1 This rule had its inception in this court’s plurality opinion in Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ], and it was later embraced by a majority of this court in Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990 [ 4 Cal.Rptr.3d 103 , 75 P.3d 30 ]. Unlike good wine, this rule has not *169 improved with age. I…

During an intercollegiate baseball game at a community college, one of the home team's batters is hit by a pitch. In the next half-inning, the home team's pitcher allegedly retaliates with an inside pitch and hits a visiting batter in the head. The visiting batter is injured, he sues, and the courts must umpire the dispute.

We are asked to make calls on two questions: (1) Does Government Code section 831.7, which immunizes public entities from liability for injuries sustained during "hazardous recreational activities," bar recovery against the home community college district, and (2) if not, does the community college district owe any duty to visiting players that might support liability? We conclude that section 831.7 does not extend to injuries sustained during supervised school sports, but that on the facts alleged the host school breached no duty of care to the injured batter. We reverse the judgment of the Court of Appeal.

Jose Luis Avila, a Rio Hondo Community College (Rio Hondo) student, played baseball for the Rio Hondo Roadrunners. On January 5, 2001, Rio Hondo was playing a preseason road game against the Citrus Community College Owls (Citrus College).…