Avila. v. Citrus Community College Distric

131 P.3d 383 (Cal. 2006)

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Nature of the Case

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Facts

Avila (P) played baseball for the Rio Hondo Roadrunners. During a game, a Roadrunners pitcher hit a Citrus College batter with a pitch. When P came to bat in the top of the next inning, the Citrus College pitcher hit him in the head with a pitch, cracking his batting helmet. P alleges the pitch was an intentional “beanball” thrown in retaliation for the previous hit batter or, at a minimum, was thrown negligently. P staggered, felt dizzy, and was in pain. At second base, he still felt pain, numbness, and dizziness. P was replaced, but no one tended to his injuries. P suffered unspecified serious personal injuries. P sued both schools, his manager, the helmet manufacturer, and various other entities and organizations. P alleged that Citrus (D) was negligent in failing to summon or provide medical care for him, failed to supervise and control the pitcher, failed to provide umpires or other supervisory personnel to control the game and prevent retaliatory or reckless pitching, failed to provide adequate equipment to safeguard him from serious head injury, and failed to take reasonable steps to train and supervise its managers, trainers, employees, and agents in providing medical care to injured players. D claimed tort immunity. The trial court sustained the demurrer and dismissed the action against D. P appealed. The Court of appeal reversed. D appealed. Besides immunity D contends that it owed P no duty of care.