Rodrigues v. San Jose Unified School District

McMURRAY, J. pro tem. *

Bobby Rodrigues, a 6-year old, first grade pupil in the Horace Mann Elementary School, which is in defendant’s district, was found lying unconscious on the blacktopped playground under a horizontal bar which was a piece of playground apparatus in the first grade play area of the school; this was during the noon recess and Bobby was bleeding from a head injury. He was taken to the emergency hospital and died some three and a half hours later as a result of his skull injury.

Mr. and Mrs. Rodrigues, the parents of the deceased boy, sued seeking damages for his wrongful…