Trial Magazine

Kody Rankin, a 6-year-old student in the Long Beach Unified School District, was participating in a physical education class under the supervision of teacher Malcolm Turner. Turner allegedly instructed Rankin and the other 28 students in the class to run as fast as they could toward a baseball backstop, touch it, and return to their starting point. During the activity, Rankin collided with another student, fell, and struck his head on the asphalt. He suffered a fractured skull, a subdural hematoma, and a brain injury.

Rankin, through a guardian, sued the school district and Turner, alleging negligent supervision of students in the class, during which, the plaintiff asserted, he was asked to engage in a dangerous activity.

The jury awarded $5.75 million.

Citation: Rankin v. Long Beach Unified Sch. Dist., No. BC615886 (Cal. Super. Ct. Los Angeles Cty. Sept. 13, 2019).

Plaintiff counsel: Kyle J. Scott, Tustin, Calif.; and Keith J. Bruno, Beverly Hills, Calif.

Plaintiff experts: Ronald Gabriel, pediatric neurology, Los Angeles; Brian King, neuroradiology, Santa Monica, Calif.; Enrique Vega, vocational rehabilitation and economics, Louisville, Ky.; and Brad Avritt, safety engineering and accident reconstruction, Marina del Rey, Calif.

Defense experts: Barry Ludwig, neurology, Santa Monica; and Barry Pressman, neuroradiology, Los Angeles.