Avila v. Citrus Community College District (April 6, 2006) 41 Cal.Rptr.3d 299 [California Supreme Court]

A community college baseball player brought a negligence action against his college, the opposing team's college, and others after he was hit in the head by a pitch during a game. The pitch was a retaliation "beanball" for a player on the opposing team that was hit during the previous half inning. The opposing school was sued for failing to control and supervise its pitcher. The opposing team's college demurred, contending that it had governmental immunity and lacked a duty to supervise. The Superior Court sustained the demurrer without leave to amend and the player appealed. Court of appeal reversed and the Supreme court agreed:

The governmental immunity statute regarding injuries stemming from "hazardous recreational activity" did not protect the college. College baseball is not a recreational activity. The fact that it took place during a school event gives the school more of a duty to supervise. The court stated that schools, even colleges supervising legal adults, have a higher standard of care that separates them from other governmental entities.