Senior class president Mitch Carter was attacked at a 2010 Bakersfield High School rally while dressed in a chicken suit to portray the Clovis West High School Hawk's mascot. The two schools were playing each other in the Division I Section Football Championships that weekend. 

Carter's attorney, Ralph Wegis, told 23ABC that Carter suffers from a traumatic brain injury and a growth hormone issue caused by the incident. 

A civil lawsuit against the Kern High School District will go to trial in two weeks.

Wegis said the lawsuit focuses on the district's negligence in regards to student safety. 

"When you look at what happens to him (Carter) with no protective gear on and you think 'Where are the adults?,'" Wegis said.

"Where is somebody that is exhibiting that they care about stopping like this by taking a step in the direction of doing that."

Lead defense counsel Michael Kellar told 23ABC that KHSD is disputing the cause of the incident and the extent of his injuries and resulting damages the family is seeking. 

He said that KHSD is alway concerned with the safety of their students but sometimes unfortunate things occur and they are sorry for what happened to Carter. 

Kellar added that the district doesn't want to litigate through the media because they feel it is improper to do so before a jury has been selected.