Cleveland v. Taft Union High School District
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The District appealed a judgment entered following a jury's finding that the District's employees were 54 percent responsible for injuries sustained by plaintiff when another student shot him in the stomach with a shotgun. This allocation of fault and the jury's findings as to damages resulted in a judgment holding the District vicariously liable for approximately $2 million.
In the published portion of the opinion, the Court of Appeal concluded that the specific acts and omissions identified by plaintiff's expert as below the standard of care for conducting a threat assessment are properly characterized as administrative and not as a mental examination. Thus, those negligent acts and omissions fall outside the scope of Government Code section 855.6 immunity. The court affirmed the judgment.
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