Van Halen v. Berkeley Hall School Foundation CA2/7

INTRODUCTION

Parents enrolled their daughter in a private school for preschool. Two years later, while still attending the school, the child developed a severe allergy to nuts that can cause a serious and potentially lethal reaction. The school promised to create an educational environment that would not expose the child to nuts or nut products and to train its teachers how to administer appropriate aid if the child suffered an allergic reaction. The parents claim that the school had no intention of honoring its promises and in fact did not. Concerned about their child’s safety, the parents, when they learned the truth, withdrew their daughter from the school and sued for return of their tuition, damages, and emotional distress. The trial court dismissed most of the parents’ complaint on the pleadings. We reverse most of the trial court’s rulings.

FACTUAL AND PROCEDURAL BACKGROUND

A. The First Amended Complaint We assume these allegations are true:1 Stella Rogers, the daughter of Kelly Van Halen and Baron Rogers, is “a minor school-age child with a severe nut allergy” who can “suffer anaphylaxis or anaphylactic shock if exposed to nuts.” Her parents “carry a portable dose…