Woman sues Kanawha school board for child's injuries
Kyla Asbury Dec. 29, 2010, 2:44am
CHARLESTON -- A woman is suing the Kanawha County Board of Education after she claims her child suffered injuries when he was struck by another child.
John Doe, an employee of the Board of Education, was also named as a defendant in the suit.
On April 18, 2008, R.B. was attending school at McKinley Middle School and Doe was the substitute teacher standing in for the regular physical education class instructor, according to a complaint filed Dec. 10 in Kanawha Circuit Court.
Victoria L. Racer claims Doe allowed the students to play full-contact football, but provided no protective gear.
Racer claims her child was struck by another child and sustained injuries, including a SALTER fracture grade 1 distal tibia and chronic grade 3 ATFL sprain, which required multiple surgeries.
The defendants knew or should have known of the policies and procedures established by the Board of Education with regard to physical education training and "human target" activities, according to the suit.
Racer claims the defendants breached their duties by allowing her child to become injured.
Racer is seeking compensatory damages. She is being represented by Travis A. Griffith, Michael A. Olivio and Todd S. Bailess.
The case has been assigned to Circuit Judge Louis Bloom.
Kanawha Circuit Court case number: 10-C-2219