Trial Magazine

Rashaun Council, 14, played football at Monte Vista High School. During a game, his teammate notified one of the coaches that Council did not seem right. Despite this observation and Council’s irregular behavior, the coaches let Council stay in the game. ­Afterward, a coach asked Council whether he was all right. Council responded that he was; however, he later began vomiting and collapsed near the locker room. A coach summoned Council’s parents to the scene.

His parents rushed him to a hospital, where he underwent a craniotomy to reduce brain swelling. Council now suffers from a severe traumatic brain injury, which limits his education and work prospects and prevents him from living independently.

Council sued the school district, alleging it failed to properly train its coaches on concussion protocol and failed to ensure the coaches timely completed state-mandated concussion training.

Suit also alleged the defendant failed to obtain medical care for Council, identify his head injury, or have medical personnel at the football game. The plaintiff also sued the undisclosed football helmet manufacturer.

The manufacturer settled confidentially before trial. The jury awarded approximately $7.13 million.

Citation: Council v. Grossmont Union High Sch. Dist., No. 201400021895 (Cal. Super. Ct. San Diego Cnty. Apr. 2018).

Plaintiff counsel: Brian Gonzalez, San Diego, and AAJ member John Courtney, Los Angeles.