AVILA, v. CITRUS COMMUNITY

Filed 4/6/06

IN THE SUPREME COURT OF CALIFORNIA

JOSE LUIS AVILA, )

)

Plaintiff and Appellant, )

) S119575

v. )

) Ct.App. 2/5 B158572

CITRUS COMMUNITY COLLEGE )

DISTRICT, ) Los Angeles County

) Super. Ct. No. KC037803

Defendant and Respondent. )

__________________________________ )

During an intercollegiate baseball game at a community college, one of the home team's batters is hit by a pitch. In the next half-inning, the home team's pitcher allegedly retaliates with an inside pitch and hits a visiting batter in the head. The visiting batter is injured, he sues, and the courts must umpire the dispute.

We are asked to make calls on two questions: (1) Does Government Code section 831.7, which immunizes public entities from liability for injuries sustained during â€