MARY ANSELMO, Plaintiff and APELLANT, v. GROSSMONT-CUYAMACA COMMUNITY COLLEGE DISTRICT
May 15, 2018OUTCOME: Appeal granted 25 Cal.App. 5th 948 (2018)
"Field trip immunity...does not extend to the host of an interscholastic athletic competition for injuries suffered by a player on a visiting team merely because her team traveled to the site of the co ... mpetition. The trial court erred in sustaining Grossmont's demurrer on this ground." CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA MARY ANSELMO, Plaintiff and Appellant, v. GROSSOMT-CUYAMACA COMMUNITY COLLEGE DISTRICT, Defendant and Respondent APPEAL from a judgment of the Superior Court of San Diego County, Randa Trapp, Judge. Reversed. Gigliotti Law Group and Robert L. Gigliotti for Plaintiff and Appellant. Meyers Fozi & Dwork, Neal S. Meyers and Daniel S. Modafferi for Defendant and Respondent. "The sole issue raised on this appeal is whether the field trips and excursions immunity provided in section 55220 applies here. We conclude that it does not apply to an injury suffered by a member of a visiting team during an intercollegiate athletic event. Grossmont provided the athletic facility to be used, and it is responsible for the condition of that facility. This duty of care protects all participants in the event, not just members of the Grossmont team. We therefore reverse the order granting the demurrer and remand this case to the trial court for further proceedings." ... "The order sustaining Grossmont's demurrer is reversed and the case is remanded for further proceedings in the trial court. Anselmo is awarded her costs on appeal." https://files.acrobat.com/…/50ab5073-c227-490e-a9de-4502d0c…
