Tillinghast v. L.A. Unified Sch. Dist.

Summary

The California Court of Appeal affirmed a $15 million judgment against the Los Angeles Unified School District arising from the death of a student who suffered cardiac arrest at school and was not provided a nearby automated external defibrillator. The court held that the school district forfeited its challenge to the mandatory-duty jury instruction by failing to object or request additional language at trial, and concluded that sufficient evidence supported the verdict.

Holdings

1. The school district forfeited its challenge to CACI No. 423 by acquiescing in the instruction and failing to object or request additional, qualifying, or different language in the trial court.
2. The evidence was sufficient to support the verdict because the district conceded that mistakes had been made, including failing to notify school staff that an AED was located in the school office, and a single valid theory of liability was sufficient to sustain the verdict.

Questions Presented

1. Whether the school district preserved its challenge to the trial court's giving of CACI No. 423, concerning public-entity liability for failure to perform a mandatory duty.
2. Whether the evidence was sufficient to support the jury's negligence verdict against the school district.

Disposition

affirmed