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Personal Injury
School Incident

Bret Mitchell Carter v. Kern High School District

Published: Jul. 30, 2016 | Result Date: Jun. 27, 2016 | Filing Date: Jan. 1, 1900 |

Case number: S-1500-CV-275395 WDP Verdict –  $10,500,000

Court

Kern Superior


Attorneys

Plaintiff

Joseph H. Low IV
(Law Firm of Joseph H. Low IV Inc.)

Nicholas C. Rowley
(Trial Lawyers for Justice)

Ralph B. Wegis
(Trial Lawyers for Justice)


Defendant

Michael C. Kellar
(Robinson & Keller)

Christopher J. Hagan
(Hagan Law Group)


Facts

Bret Carter was a student at Bakersfield High School. Carter wore a chicken costume at his school's pep rally for the purpose of mocking a rival school's mascot. Football players from his school formed a dog pile on Carter, punching and kicking him in the head and side. Carter suffered mild traumatic brain injury as a result. He sued the Kern High School District.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that there were six security personnel present during the attack but none of them intervened. He claimed that the District was responsible for the failure to intervene and prevent his injuries.

DEFENDANTS' CONTENTIONS:
The District conceded liability but argued that plaintiff and the football players were responsible as well.

Result

After a jury found the District 100 percent at fault, plaintiff was awarded judgment on damages of $10.5 million.

Other Information

Date Filed: Feb. 7, 2012


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