March 18, 2025 – School Volunteer Catherine Kuo: The California Court of Appeal upheld a summary judgment favoring Dublin Unified School District (DUSD) in a lawsuit filed by Catherine Kuo’s family after her death during a volunteer event.
Lawsuit Alleges Negligence and Premises Liability
Kuo’s family sued DUSD, claiming negligence and premises liability for failing to establish and communicate adequate safety protocols.
DUSD Cites Workers’ Compensation Exclusivity
DUSD sought summary judgment, arguing that California Labor Code section 3364.5 classified volunteers as employees entitled to workers’ compensation benefits.
The Alameda County Superior Court agreed and ruled that workers’ compensation was the exclusive legal recourse available for volunteer injuries, including fatal ones.
Court of Appeal Affirms Summary Judgment
School Volunteer Catherine Kuo: Kuo’s family appealed the decision, but the California Court of Appeal upheld the ruling, citing that “any injury” under section 3364.5 covered fatal injuries.
The appellate court also found that a DUSD resolution acknowledging volunteers’ entitlement to workers’ compensation benefits met statutory requirements.
Plaintiffs’ Argument Rejected
The plaintiffs argued that DUSD did not treat volunteers as employees, but the court ruled that consistent implementation was not required.
Court Reaffirms Workers’ Compensation as Exclusive Remedy
Ultimately, the California Court of Appeal confirmed that workers’ compensation was the sole legal remedy for Kuo’s family.
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