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C.A. Overturns $30 Million Verdict Against LAUSD for Death of Six-Year-Old Student
Opinion Says District Is Immune From Liability for Off-Campus Fatality Caused By Playground Supervisor, Despite Jury’s Findings of Negligence
By a MetNews Staff Writer
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DAYVON TAYLOR decedant |
Div. Three of this district’s Court of Appeal has held that the Los Angeles Unified School District is immune from liability relating to the death of a six-year-old boy who suffered an off-campus fatal beating at the hands of an elementary school playground supervisor who was asked to watch the child during winter break.
The decision overturns a $30 million jury verdict in favor of the decedent’s mother, who alleged that the district was responsible for the death because they negligently hired the perpetrator and she would not have asked him to watch her child had he not been employed by the school system.
At issue is the scope of Education Code §44808, which provides:
“Notwithstanding any other provision of this code, no school district…shall be responsible or in any way liable for the conduct or safety of any pupil of the public schools at any time when such pupil is not on school property, unless such district…has undertaken to provide transportation for such pupil to and from the school premises, has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise reasonable care under the circumstances.”
In an unpublished opinion, filed Monday and written by Justice Rashida A. Adams, the court acknowledged that a public school district may be vicariously liable under Government Code §815.2 for the negligence of administrators in hiring, supervising, and retaining an employee who harms a student, but said:
“[The plaintiff] argues for an expansive approach that would expose a school district to liability for any employee’s off-campus tort that could somehow be ‘traced back to negligent hiring and supervision.’…This interpretation would run afoul of section 44808’s express purpose of limiting school district liability for harm that occurs to students when they are not on school property or engaged in school-sponsored or school-supervised activities.”
Presiding Justice Lee Smalley Edmon and Justice Anne H. Egerton joined in the opinion.
Complaint Filed
Plaintiff Kenya Taylor filed a complaint against the Los Angeles Unified School District (“LAUSD”) following her son’s death in December 2019. She alleges that she asked Tyler Martin-Brand to watch her child, Dayvon Taylor, during winter break from school.
In the pleading, the plaintiff alleges that Dayvon Taylor was dying when Martin-Brand brought him home to her on Dec. 26. He died later that day from blunt trauma caused by a physical assault.
Martin-Brand had been a playground worker for an after-school program at Playa Vista Elementary School since 2016 and was assigned to supervise a summer program offered by Dayvon Taylor’s school in 2019. The Taylors met Martin-Brand through that offering.
Before the case went to trial, Kenya Taylor dismissed all causes of action except one alleging that LAUSD negligently hired, retained, and supervised Martin-Brand, and this carelessness was a substantial factor in Dayvon Taylor’s death.
The jury returned a special verdict finding that the district was negligent in hiring and supervising Martin-Brand, that Kenya Taylor was also negligent, and that both parties’ actions were substantial factors in causing harm. Attributing 90% of the fault to LAUSD, the panel awarded the plaintiff $30 million in noneconomic damages.
Los Angeles Superior Court Judge Michael B. Harwin denied LAUSD’s motion for judgment notwithstanding the verdict (“JNOV”) based on §44808. LAUSD timely appealed.
Potential Liability
Adams remarked that a school district’s potential liability under §815.2 only attaches when “no immunity provision” applies. She wrote:
“It is undisputed that Dayvon died away from school property and when school was not in session. Although he was killed by a school employee, Dayvon did not die while LAUSD was transporting him to or from school or while he was participating in a school-sponsored activity. Nor did LAUSD specifically assume responsibility for Dayvon’s safety. Indeed, there is no evidence that any LAUSD employee knew Dayvon was interacting with Martin-Brand off campus during the winter break.”
Kenya Taylor points to cases in which districts have been found liable under §815.2 due to an employee’s negligently failing to supervise a truant student or keeping a minor on campus after school ended, resulting in injuries to the children during traffic accidents occurring after they left the school premises.
The jurist acknowledged that these courts “recognized that under some circumstances, section 44808 does not bar a school district from being ‘held liable for injuries suffered by a student off school premises and after school hours where the injury resulted from the school’s negligence while the student was on school premises.’ ” However, she opined that the cases were not applicable.
School Premises
Adams wrote:
“We…conclude that section 44808 precludes liability under the circumstances presented here. Dayvon’s death did not arise from a negligent act directly concerning him while on school premises, which carried over into off campus harm. Taylor did not allege that LAUSD was negligent in supervising or caring for Dayvon while he was on school premises.”
Continuing, she reasoned:
“Dayvon died off campus and not during any school undertaking. Under these circumstances, LAUSD is statutorily immune from liability.”
The justice declared:
“The judgment in favor of Kenya Taylor and the order denying LAUSD’s motion for JNOV are reversed. On remand, the trial court is directed to enter a new and different order granting LAUSD’s JNOV motion and to enter judgment for LAUSD.”
In 2022, Martin Brand pled no contest to second-degree murder relating to Dayvon Taylor’s death and was sentenced to 15 years to life in prison.
The case is Taylor v. Los Angeles Unified School District, B333718.
Plaintiff was represented by Steve Vartazarian and Matthew J. Whibley of The Vartazarian Law Firm, based in Calabasas, and Daniel DeSantis of the Los Angeles-based Wilshire Law Firm, as well as Jeffrey I. Ehrlich of The Ehrlich Law Firm in Claremont. Acting for the defendant were Robert L. Wallan and Pauleen Truong of the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP.
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