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Zemke v. Arreola

Zemke v. Arreola
06:13:2006

Zemke v. Arreola




Filed 6/12/06 Zemke v. Arreola CA2/7





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.






IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION SEVEN










NICHOLAS ZEMKE, a Minor, etc.,


Plaintiff and Appellant,


v.


ALONSO ARREOLA et al.,


Defendants and Respondents.



B182891


(Los Angeles County


Super. Ct. No. LC067990)



APPEAL from a judgment of the Superior Court of Los Angeles County. Ruth Essegian, Judge. Affirmed.


Zukor and Nelson, Abram Charles Zukor, Marilyn H. Nelson and James L. Keane for Plaintiff and Appellant.


Ivie, McNeill & Wyatt, W. Keith Wyatt and Joung H. Yim for Defendants and Respondents.


_______________________


Sixteen-year-old Nicholas Zemke sustained a severe and debilitating head injury while playing varsity football for Reseda High School. Through his guardian ad litem, he sued his coaches and the Los Angeles Unified School District (LAUSD) for negligence. The trial court granted summary judgment. We affirm.


FACTUAL AND PROCEDURAL BACKGROUND


Nicholas Zemke played in a varsity football game for Reseda High School on September 19, 2003. During the game, Zemke sustained a dislocated finger. As he headed to the bench, defendant coach Matthew Graham asked Zemke what was the matter. Zemke responded, â€





Description A decision regarding intentionally or recklessly engaged in conduct which was entirely outside the range of ordinary activity involved in teaching or coaching the sport and resulting in an injury.
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