Friday, August 03, 2018

Anselmo v. Grossmont-Cuyamaca Comm. College Dist. (Cal. Ct. App. - Aug. 3, 2018)

When I read that the lawsuit was brought by a beach volleyball player who was injured during a game when he knee hit a rock buried in the sand, I thought the opinion was going to be about the doctrine of primary assumption of risk.

Nope.  It was about "field trip" immunity.  Something that I didn't even know existed.

Apparently, when you're at a community college, the college is immune from injuries from any "field trip" or "excursion" you attend.  I'm sure that's the Legislature's way of encouraging field trips, which are cheap, (sometimes) educational, and (typically) fun.  (More fun than actual class, anyway.)

So the question becomes whether engaging in intercollegiate athletics -- here, a volleyball tournament -- at another school counts as a "field trip" or "excursion" under the statute, hence creating immunity.

The trial court granted the defendant's demurrer.  The Court of Appeal reverses.

Gotta get those rocks out of the sand.

P.S. - The plaintiff, Mary Anselmo, seems to come from a long line of volleyball players.  Here's what seems to be her sister's bio at the University of Arizona.  Notice the reference to Mary, as well as her father -- a volleyball coach and former player.

Fun sport, beach volleyball.  Except for the rocks.