Grossman
Grossman v. Santa Monica-Malibu Unified Sch. Dist.
Opinion
Lead Opinion
Feuer, J.
*206 *460 Brian M. Grossman suffered serious injuries when he fell off a 27-foot-tall inflatable slide while attending a carnival held at a school campus owned by the Santa Monica-Malibu Unified School District (the school district). Grossman sued the school district, the school booster group, and others for negligence, alleging he fell because the inflatable slide was not tethered to the ground. Grossman appeals from the judgment entered after the trial court granted the summary judgment motion filed by the school district. Grossman contends there were triable issues of fact whether the school district was liable for its breach of a duty of care owed to him under Education Code section 38134, subdivision (i)(1). 1 The school district cross-appeals from the trial court's ruling that the school district was equitably estopped from arguing Grossman failed to comply with the Government Claims Act ( Gov. Code, § 810 et seq. ).
We conclude the Education Code allocates liability for negligence between school districts and entities allowed to use school district grounds, including in this case the booster group that planned and held the carnival fundraiser. The school district was…