Aspinall v. Murietta Valley Unified School Dist. C
William Casey Aspinall appeals from a judgment following a jury verdict in favor of Erik Even Daarstad and the Murrieta Valley Unified School District (District; collectively, the District defendants) on Aspinall's claims for negligence and negligent supervision. Aspinall suffered a severe concussion when he and a classmate collided while attempting to intercept a football during a drill in a football physical education (P.E.) class. Although the jury found the District defendants were negligent and had acted recklessly, the jury also found the District's defendants' actions were not a substantial factor in causing harm to Aspinall.
Aspinall contends the court prejudicially erred by misapplying the primary assumption of the risk doctrine (see Knight v. Jewett (1992) 3 Cal.4th 296, 308) and excluding key expert evidence that would have established the District defendants' actions caused his harm.
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