Pirkle v. Oakdale Union Grammar School District

253 P.2d 1, 40 Cal. 2d 207, 1953 Cal. LEXIS 185
CourtCalifornia Supreme Court
DecidedFebruary 10, 1953
DocketSac. 6268
StatusPublished
Cited by37 cases

This text of 253 P.2d 1 (Pirkle v. Oakdale Union Grammar School District) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pirkle v. Oakdale Union Grammar School District, 253 P.2d 1, 40 Cal. 2d 207, 1953 Cal. LEXIS 185 (Cal. 1953).

Opinions

EDMONDS, J.

William H. Pirkle, an eighth grade student at the Oakdale Union Grammar School, sustained injuries while playing in a game of touch football. The chief ground relied upon by the school district, B. W. Gripenstraw, its [209]*209principal, and Jules Perrin, the instructor in physical education, for a reversal of the judgment against them and orders denying certain motions is that there is no evidence upon which liability for damages legally may be based.

The jury, considering the evidence in the light most favorable to the plaintiffs, and giving them the benefit of all inferences reasonably to be drawn from it, might have found the following facts: During noon recess periods, the boys in the seventh and eighth grades were permitted to engage in “free play” activities. The games at such times included touch football, in which a “tackle” is accomplished by touching the ball carrier with both hands. Bodily contact is limited to a shoulder or body block, with both the blocker’s feet on the ground. When properly regulated, the game is not rough.

Free play games were not a part of the required physical education program, and the boys participated in them only if they elected to do so. A team representing the seventh grade competed against another from the eighth grade. One boy from each grade was captain and chose the players for his team. As was customary in free play games, the participants were not selected according to age, size, or weight. As a consequence the players ranged in weight from 85 to 190 pounds.

At the time of the accident, William was a member of the eighth grade team. He was 13 years, 4 months of age, 5 feet, 4 inches tall, and weighed approximately 97 pounds. During the game he blocked Jack Perkins, a seventh grade student weighing 145 pounds, who was 5 feet, 10 inches tall, and 14% years old. William was struck in the abdomen by Jack’s knee. He remained in the game for the next two or three plays and then went to the sideline, where he lay down on a bench.

He was soon sent to a first aid room where Gripenstraw had him lie down and covered him with a blanket. Near the close of the school day, Perrin came to see him. When William passed urine at Perrin’s suggestion, it was observed that the urine contained blood. Perrin then took William home. This was about two hours after the accident. William’s spleen and left kidney were removed about five hours later.

John Pirkle, the boy’s father, sued for damages in the amount of his expenditures for William’s medical care and, as guardian ad litem, for William, for damages for the injuries the boy sustained. The theory of the complaint was that the defendants negligently failed properly to supervise [210]*210the game, and that Gripenstraw and Perrin carelessly neglected to give William prompt medical attention. Named as defendants were Perrin, Gripenstraw, the school district, and the members of its board of trustees. The demurrer of the trustees was sustained and the action dismissed as to them.

During the trial, the motions of the defendants for a non-suit and for a directed verdict were denied. The jury returned a verdict for William of $7,500 and awarded the father $800. Motions by the defendants for judgment notwithstanding the verdict and for a new trial were denied. The appeal is from the judgment entered upon the verdict and from an order denying the motions for judgment notwithstanding the verdict.

The principal ground relied upon in challenging the judgment is that the evidence is not sufficient to sustain the verdict. It is argued that there is no evidence justifying the jury’s implied finding that the defendants were negligent in supervising the game, or that William sustained injury because of a negligent failure to provide prompt medical attention.

The standard of care required of an officer or employee of a public school is that which a person of ordinary prudence, charged with his duties, would exercise under the same circumstances. (Bellman v. San Francisco H. S. Dist., 11 Cal.2d 576, 582 [81 P.2d 894]; Hough v. Orleans E. S. Dist., 62 Cal.App.2d 146, 155 [144 P.2d 383] ; Buzzard v. East Lake School Dist., 34 Cal.App.2d 316, 321 [93 P.2d 233] ; Ellis v. Burns Valley School Dist., 128 Cal.App. 550, 553 [18 P.2d 79].) The plaintiffs take the position that the jury reasonably might have found that the defendants failed to maintain proper supervisorial control of the manner in which the game was played.

In their physical education classes, the boys received instruction in the rules of touch football, including demonstrations of the correct methods of blocking and tackling. They were skilled in the game, having played it many times previously. Immediately prior to the contest, they again were instructed that blocking was to be done with both feet on the ground, and were warned that rough play would not be tolerated. Perrin, the physical education instructor, acted as referee and Hass, his assistant, as head linesman. The injury occurred in the course of a play executed in accordance with the rules of the game; no charge is made that any of [211]*211the players conducted himself improperly. In short, there is no evidence sufficient to predicate negligence upon a failure to supervise the playing of the game.

The Pirkles assert that the defendants were negligent in the manner in which the players were segregated. They contend that the jury reasonably might have found that the defendants should not have allowed boys of such different weights to play in the game in which William was injured. Specifically, they argue, the players should have been segregated according to an “exponent chart” which was used in connection with the required physical education programs and interschool games.

Physical education programs in the elementary schools are an accepted part of the curriculum. (Ed. Code, § 8252; Underhill v. Alameda E. S. Dist., 133 Cal.App. 733, 735 [24 P.2d 849].) A recognized and desirable part of such programs consists of organized free play games of the type here concerned. (Kerby v. Elk Grove Union H. S. Dist., 1 Cal.App.2d 246, 248 [36 P.2d 431].) However, the difficulty in administering such activity is well illustrated by the evidence in the present case. To fill the teams, 22 boys must be selected from those desiring to play. Such selection must be made in a manner permitting the smaller boys to compete with safety and some degree of success, and yet without denying to the larger boys opportunity to participate. If the classification is made too narrow and rigid, particularly in the smaller schools, a sufficient number of players will not be available to make up the teams.

The record shows that the selection of players for free play games according to grades is a convenient and practical method of segregation.

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Bluebook (online)
253 P.2d 1, 40 Cal. 2d 207, 1953 Cal. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pirkle-v-oakdale-union-grammar-school-district-cal-1953.