FAYETTEVILLE – A Fayette County family is suing over claims a kindergartner was struck by a teacher.

J.A.T., by and through his parent and next friend, Mary T.P., filed a lawsuit Oct. 6 in Fayette Circuit Court against the Fayette County Board of Education and Kathleen Wade, citing battery.

According to the complaint, J.A.T. was a student at Fayetteville Elementary School under the supervision of Wade, a teacher at the school, on a trip to the library May 2, 2013, when Wade smacked J.A.T. on the top of his head and then shook his head, alleging it was a disciplinary measure.

The complaint states the incident and another incident involving Wade and another kindergartner that same day were investigated by police and found not to constitute child abuse but battery. According to the lawsuit, Wade was found guilty of battery May 9, 2014.

The Board of Education is accused of vicarious liability for actions/inactions of Wade, negligence, breach of non-delegable duty, negligent hire and supervision, intentional infliction of emotional distress and recklessness in failing to supervise Wade and ignoring signs that Wade had previously struck small children.

Wade is accused of failing to comply with West Virginia public school standards in her failure to self-report the battery of young children.

The plaintiff family seeks damages, interest, and attorney fees.

They are represented by attorney J.C. Powell of Powell and Majestro in Charleston. The case has been assigned to Circuit Judge Paul M. Blake, Jr.

Fayette Circuit Court case number: 14-C-287

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