Student who suffered brain damage in pep rally attack while wearing a chicken suit is awarded $10.5m

Mitch Carter, now 24, says he suffers from memory problems and depression, and is struggling with his college studies as a result of the 2010 incident

A California man who suffered brain damage when he was attacked by fellow students at a high school football rally – while wearing a chicken suit – has been awarded a settlement of $10.5m in a lawsuit against the school district.

In December 2010, Mitch Carter, then a 17-year-old student at Bakersfield High School, attended a pep rally at the school gymnasium for a forthcoming American football match between Bakersfield and Golden West High School in nearby Clovis.

He was asked to wear the chicken costume to mock the other school’s official mascot, a golden eagle, but after being briefly attacked by two Bakersfield students, he claimed he told staff that he wanted to take off the costume.

Instead, his lawyer Nicholas Rowley argued in court this week, Mr Carter was pressured by the school’s activities director to return to the gymnasium floor, and allegedly told he would have to pay the $75 rental fee for the costume if he refused.

When he returned and started to stage a mock fight with the Bakersfield football team, his fellow students piled on top of him one atop the other, some punching and kicking, causing a traumatic brain injury that left him in a treatment centre for six months.

Mr Carter, who is now 24, says he suffers from memory problems and depression, and is struggling with his college studies as a result. His medical bills have topped $100,000 and are expected to end up in the millions, his lawyers said.

During his closing statement in Mr Carter’s civil trial against the Kern County High School District, Mr Rowley donned a chicken costume himself, telling jurors: “It’s humiliating to be in something like this… But [Mr Carter] was willing to do it for the love of his school and the love of his fellow students.”

The $10.5m settlement will reportedly be covered in large part by the school district’s insurer. In a statement issued on Wednesday, at the conclusion of the trial, the school district said it would “take this opportunity to evaluate its standards, policies and practices to ensure that every student is educated in a safe and secure environment."