D.Z.

D.Z. v. L. A. Unified Sch. Dist.

Bad Law
247 Cal. Rptr. 3d 127·35 Cal. App. 5th 210
Court of Appeal of CaliforniaMay 14, 2019B283799California9,751 words

Opinion

Lead Opinion

Collins, J.

*212 INTRODUCTION

Appellant D.Z. 1 sued respondent Los Angeles Unified School District (LAUSD), *130 alleging negligent supervision arising out of her claim that she was sexually abused by her high school teacher, James Shelburne. She further alleged that LAUSD knew or should have known of the danger posed by Shelburne, and the district's failure to respond appropriately to that knowledge resulted in harm to her. The jury found in favor of LAUSD. *213 Appellant asserts numerous errors on appeal. First, she contends that the court erred in limiting the evidence of Shelburne's purported misconduct to acts involving touching students, thereby excluding a relevant history of escalating inappropriate conduct that went unchecked by LAUSD. Second, appellant contends the court committed prejudicial error in giving several jury instructions and using the special verdict form proposed by LAUSD. Finally, she argues that the court improperly excluded her rebuttal expert witness from trial.

We conclude that the court abused its discretion in excluding all evidence of conduct by Shelburne that did not involve physical touching. Further, this error was prejudicial to appellant. We therefore…

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