Buzzard v. East Lake School Dist

In Buzzard v. East Lake School Dist. (1939) 34 Cal.App.2d 316, a seven-year-old third grade student suffered a broken leg while playing kick the can during recess when another student hit her with a bicycle. (Id. at p. 318.) The Court explained that the prudent person standard of care governed the defendants' potential liability. (Buzzard, at p. 321.) The court affirmed the judgment in favor of the plaintiff. (Id. at p. 320.) In Buzzard, supra, 34 Cal. App. 2d at page 319, the court rejected the argument that any negligence on the part of the teacher was negated because the injured student voluntarily played in the game of kick the can. The court explained: "It is immaterial whether the plaintiff was actually compelled to play the game of 'kick-the-can', or that she was injured while voluntarily playing that game as a part of her recess recreation, for the accident occurred on the school playgrounds during the period of recess while the pupils were under the personal supervision of the teacher." (Ibid.)