CHARLESTON – A mother blames the Kanawha County Board of Education for her son's fall from the top row of some bleachers in a school gymnasium.
In the lawsuit filed Jan. 13 in Kanawha Circuit Court, Iris C. Adkins says her son Randall Adkins was 5 years old on Oct. 13, 2004, when he was in the gym at Dupont Middle School.
"The backing on the bleachers gave way, causing Randall Adkins to fall several feet to the floor below," the suit states.
She said the board is negligent because it failed to repair the seating area, failed to control and warn of unsafe areas in the seating area and failed to adequately secure, replace and/or repair the seating area.
The boy was injured, and his mother has had to pay medical bills and will be required to pay more in the future because of the permanent nature of his injuries, she says in the suit, filed by Charleston attorney Cynthia M. Ranson.
Also, the suit claims Randall suffered an loss of earnings and/or earning capacity as well as endured pain and suffering, mental anguish and emotional distress, annoyance and inconvenience and the loss of ability to enjoy life.
They seek compensatory and general damages to be determined by the court as well as court costs, attorney fees and other relief.
They request a jury trial.
The case has been assigned to Circuit Judge Jim Stucky.
Kanawha Circuit Court case number: 06-C-56