Alma W. v. Oakland Unified School Dist.
California Court of Appeal
176 Cal. Rptr. 287 (1981)

- Written by Katrina Sumner, JD
Facts
One Friday afternoon, a school janitor, A.B., raped 11-year-old Alma W. (plaintiff) in his office. Alma filed suit against the Oakland Unified School District (Oakland) (defendant) under the theory of respondeat superior. A California trial court sustained Oakland’s demurrer for Alma’s failure to state a claim against Oakland for respondeat superior. Alma appealed to the California Court of Appeal. On appeal, Alma alleged that the educational establishment generated a foreseeable danger of rape, which made Oakland vicariously liable for A.B.’s actions because A.B. was on duty just prior to and right after he committed the rape.
Rule of Law
Issue
Holding and Reasoning (Miller, J.)
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