Facts

On May 17, 2016, Giovani Pulido collapsed during football practice at Encinal High School. His coaches started CPR and called 911. The coaches did not use an automated external defibrillator because Encinal High School did not have one. Statutory law at the time did not require schools to have automated external defibrillators.
Paramedics were on the field within approximately 5 minutes and attempted defibrillation without success. The paramedics then transferred Pulido to the hospital where additional life-saving efforts failed. Pulido was pronounced dead at 7:04 p.m. with a diagnosis of sudden cardiac arrest with unclear etiology.
Plaintiffs Antonio Pulido and Yolanda Mejia filed a wrongful death suit against the Alameda Unified School District, the City of Alameda, the County of Alameda, and the State of California.
At the time of his death, decedent was a 15-year-old freshman. The football practice where he collapsed was the second practice of spring football. The eight coaches who ran the practice were employees or agents of defendant Alameda Unified School District. In this capacity, they were responsible for the 40-50 high school students who attended the practice.
At 5:00 p.m., when practice started, the sun was out, the ambient air temperature was 77 degrees and there was a breeze on the football field. Practice proceeded without pads or helmets, and involved a mix of instructional periods, drills, and waiting periods where students would wait their turn to complete each drill.
In the first 40 minutes of practice, students completed multiple drills and waiting periods, followed by a 10-minute instructional period. At approximately 5:50 p.m., the students began a pursuit drill that included up-downs and running to designated locations. decedent collapsed during the pursuit drill around 5:54 p.m. By that time, the ambient air temperature had cooled to 75 degrees.
Close to one third of the practice was captured on video by a bystander. The video shows decedent participating with other students in instructional periods, drills, and waiting periods.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the coaches running the practice failed to complete the proper training, including heat illness training offered by the National Federation of State High School Associations and training required by the California Interscholastic Federation. Due to the lack of training, the coaches developed and implemented a practice plan that was inappropriate for the environmental conditions and the students on the field. The coaches were also unprepared to recognize signs and symptoms of heat illness that Giovani Pulido may have shown before his collapse. Plaintiffs contended that the coaches allowed Giovani Pulido to practice even though he had not completed a pre-participation physical examination or related paperwork. Both the physical examination and the paperwork were required by Defendant's safety polices and the California Interscholastic Federation.
Plaintiffs alleged that the coaches did not provide adequate water breaks for students during practice. Specifically, there should have been designated water breaks with coaches making sure that the students were drinking water. Plaintiff presented testimony from students that coaches sometimes denied student requests for water. Plaintiff contended that the school should have had an automated external defibrillator accessible for use within 3-5 minutes of decedent's collapse. Plaintiffs argued that the negligence of defendant's coaches and administrators was a substantial factor in causing decedent's death. According to plaintiffs, decedent had some level of dehydration during practice and the exertion of the practice increased his body temperature and the demand on his heart. Ultimately, decedent's heart arrested from the combination of these factors.

DEFENDANT'S CONTENTIONS: Defendant contended that the coaches running the practice were fit and competent because they had years of experience playing and coaching high school and college football. Defendant also contended the coaches had completed the training required by the California Interscholastic Federation. At least one coach had completed the heat illness training recommended by the National Federation of State High School Associations. Further, the coaches' practice plan was within the standard of care and exceeded the practice plans of most high school coaches in California. Defendant alleged that decedent completed a pre-participation physical examination and the related forms before practicing on May 17, 2016. Defendant stated that the examination was on or after March 9, 2016, with decedent's pediatrician. In the March 9 examination, the pediatrician found that the examination was normal and believed that decedent could have been cleared for football. At the time of trial, however, the physician did not recall whether she had signed a physical examination form for decedent. Defendant contended that decedent received adequate water breaks during practice. The coaches provided snacks and water for students at study hall before practice. The coaches testified that they encouraged decedent and the other students to hydrate before and during practice. The coaches stated that they allowed students to get water whenever they wanted from a water horse that was on field and in working order. One of the coaches took decedent's position group to the water horse to get water before decedent collapsed.
According to defendant, these efforts were sufficient for a practice that involved little exertion and was mostly a walk-through. Defendant alleged that the standard of care did not require secondary schools in California the have automated external defibrillators.
Defendant contended that decedent did not suffer from heat illness because decedent did not have signs and symptoms of heat illness during practice and his skin temperature was normal post-collapse. Moreover, his body temperature was never measured by EMT or ER staff, making a diagnosis of heat illness impossible.
Defendant presented expert testimony that decedent's collapse and death were caused by a pre-existing, undiagnosed genetic condition (channelopathy with cardiomyopathy). Because of this condition, decedent could have suffered cardiac arrest at any time.

Settlement Discussions

Plaintiffs served a demand for $5,999,999 under Code of Civil Procedure section 998 on February 1, 2018. The parties then completed a private mediation and two mandatory settlement conferences before trial. Plaintiffs' final pre-trial demand was $5.5 million. Defendant's final pre-trial offer was $1.35 million. A third settlement conference was held during trial without settlement. Plaintiffs' final demand was $4.5 million.

Injuries

Death of plaintiffs' son, loss of care, comfort, society, love, and non-economic support of plaintiffs' son.

Result

The jury decided in favor of Plaintiffs and awarded an $8 million verdict.

Deliberation

2.5 days

Poll

12-0 (liability), 9-3 (damages)

Length

nine weeks