Wolfe v. Dublin Unified School Dist

In Wolfe v. Dublin Unified School Dist. (1997) 56 Cal.App.4th 126, the plaintiff, a first grade student, was in a car accident on the way back to school from a field trip. The plaintiff sued the driver, and the driver cross-complained against the school district. The Wolfe court affirmed the trial court's ruling granting the district summary judgment on the basis of section 35330 immunity. The Wolfe court noted that, "The special 'field trip' provisions of section 35330 control over any overlapping application of the more general off-premises provisions of section 44808. . . . A field trip is a special type of off-premises activity, making section 35330 the special statute, should both statutes apply." Since section 35330 overrides the general statutory rule in section 44808 the District is immune from liability under section 35330 for negligent supervision, if such negligence occurred.