Gonzalez v. Hanford Elementary School District, 2002 WL 1023719 (Cal.App. May 22, 2002)
Linda Gonzalez, mother of Phillip Gonzalez, filed a wrongful death lawsuit against Hanford Elementary School District in California after he suffered a fatal asthma attack at school. The school district had a written policy that required all student medication to be stored securely. The policy also required students who needed to take medication during school hours to have a doctor's order and parental authorization. While Phillip's nebulizer was kept at the school office, his mother understood the policy as prohibiting him from carrying his inhaler with him. The school district had an unwritten exception to its policy allowing students to carry inhalers when certified as necessary by a physician. However, Ms. Gonzalez stated that she was never informed of this exception. She contended that the district should be held liable because its written policy was unreasonable. Ms. Gonzalez also argued that the district was negligent in failing to inform her or implement the unwritten exception to the policy. The California Court of Appeal, Fifth District, ruled that the school district had statutory discretionary governmental immunity from liability from Ms. Gonzalez's claim that the written policy was unreasonable. However, the court concluded that such immunity did not extend to the district's failure to inform her of the unwritten exception to the policy. It found that the failure to inform was a non-discretionary act that did not fall within reach of the state immunity statute.
Gonzalez v. Hanford Elementary School District, 2002 WL 1023719 (Cal.App. May 22, 2002)