Case details

Fall during physical education class resulted in head injury: suit

SUMMARY

$5750000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, epidural, extradural hematoma, fracture, head, skull
FACTS
On June 2, 2015, plaintiff Kody Rankin, 6, a kindergartener, was on his school’s blacktop with his physical education class and physical education teacher, Malcolm Turner. As part of their usual warm-up, Turner had the group of 28 students separated into groups of six. He then had each group run to the baseball backstop, run around it and return. As the previous group returned, another group would be sent to the fence. As Kody was returning with his group, he fell and struck his head. Kody’s father, Mark Rankin, acting as Kody’s guardian, sued Turner and Turner’s employer, the Long Beach Unified School District. Rankin alleged that Turner was negligent in his supervision of the students and that school district was liable for Turner’s actions. Plaintiff’s counsel contended that it was negligent to have physical education or other activities on the blacktop with a potential for head-on collisions. Counsel also contended that Turner failed to properly supervise the students to ensure no one got hurt, noting that Turner did not know that Kody had hit his head until the school nurse came with a wheelchair and called 9-1-1. Defense counsel denied that the incident involved a head-on collision among the students and contended that Kody’s classmate tripped him. Counsel argued that Turner had conducted the same drills for the prior 13 years and that there had been no prior incidents. Defense counsel further argued that almost every school and park has a blacktop and that there was nothing negligent done by Turner. The defense’s school-supervision expert opined that Turner was supervising each group at a time and that neither Turner’s supervision nor the pattern he the students ran in was negligent., Kody’s father claimed that his son sustained a skull fracture with a hematoma on top of the brain. The school nurse came within a minute of the incident, brought a wheelchair and called 9-1-1. Paramedics came and checked Kody, but they did not find anything. Kody’s father was also called and told that Kody hit the ground, so he took Kody to an emergency room approximately two hours later. Later that night, Kody vomited at home and was taken back to the hospital, where he was diagnosed with the hematoma. He then went for a checkup 13 days later, during which it was determined that the skull fracture had healed. Kody wore a helmet for six months, but he had no further treatment until he saw his expert neurologist in December 2018. The neurologist opined that Kody had an organic brain injury as of November 2018 and that Kody had slight delays from the injury. The expert also opined that Kody will be behind in his academic future and that his condition will be known by the fourth grade. The defense’s neuroradiology expert opined that Kody did not have an organic brain injury but found a thin layer of the dissolved bruise left behind, though not on the brain. The defense’s neurology expert opined that the dissolved bruise had no effect and was not in the brain. Defense counsel noted that Kody’s fourth-grade teacher claimed that Kody was the smartest child in his class, which was part of the Gifted and Talented Education Program. Counsel also contended that Kody’s neuropsychological testing showed that Kody was in the 90th percentile.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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