On Sept. 5, 2012, plaintiff Donald Ornellas, 18, a senior student at Kerman High School, was painting the school’s football field for a home football game under the supervision of janitors when he was struck in the face by a screwdriver. Under the direction and supervision of janitors, the school’s field was painted by placing screwdrivers into the ground with string tied to each of the handles and pulled tightly so as to make a straight line. A paint machine was then used to paint a line on the grass alongside the string line at various parts of the field, ie. yardage markers, coaches/players boxes and end zone. On this day, Donald was kneeling on the ground, talking to another student, when a screw driver that was tied to the string, approximately 30 feet away, became dislodged from the ground and flew through the air, striking his face and impacting his left eye and cheek. As a result, Donald suffered a fractured cheekbone and he ultimately lost his left eye. Donald sued the Kerman Unified School District and the janitor who pulled him out of class to paint the field, Bill Furnish. Donald alleged that the defendants’ created a dangerous condition and negligently supervised him during the painting of the field. The school district stipulated to course and scope, so Furnish was ultimately dismissed from the case. Defense counsel contended that Donald and three other students were pulled out of their normal class by Furnish and another of the school’s janitors to help paint the field, as the three students had done previously on a number of occasions over the past several years. Counsel also contended that Labor Code § 336 caused Donald to be an employee because the class Donald was pulled out of was “Ag Welding and Fabrication,” which is a Regional Occupational Program. Thus, defense counsel argued that Donald’s exclusive remedy was through a workers’ compensation claim. Defense counsel moved for summary judgment, but the court denied the motion., The dislodged screwdriver impacted Donald’s left eye and cheek, his left eye and fracturing his cheekbone. He was subsequently taken to a hospital, where he underwent surgery on his left eye, but it could not be saved. As a result, Donald underwent enucleation, or the surgical removal of the eye, permanently affecting his overall vision.