Dailey v. Los Angeles Unified School District

Facts

On May 12, 1965, during the noon recess at Gardena High School, Michael Dailey and three friends finished lunch and proceeded to the boys’ gymnasium area where their next class was scheduled. Michael and one friend began slap boxing, a form of boxing using open hands rather than closed fists, initially intended to demonstrate speed and agility rather than inflict injury. The match continued for five to ten minutes and attracted approximately thirty student spectators. Suddenly, after being slapped, Michael fell backwards onto the asphalt pavement, fracturing his skull. He died that night. The school had 2,700 students eating lunch during one session on a 55-acre campus. Three administrative personnel and two teachers were assigned general lunch supervision, but the gymnasium area was specifically the responsibility of the physical education department. Defendant Maggard, the department chairman, acknowledged supervisory responsibility but had never established a formal supervision schedule. Defendant Daligney, the physical education instructor ostensibly on duty, remained inside the gym office during the entire lunch period with his back to the window, eating lunch, talking on the phone, and preparing class assignments. Neither defendant heard or saw the slap boxing match or the crowd that gathered despite the incident occurring within feet of the gymnasium.