Woman blames Kanawha school board for daughter's injuries
Kyla Asbury Sep. 4, 2012, 9:31am
CHARLESTON -- A woman is suing the Kanawha County Board of Education after she claims it is responsible for injuries her daughter sustained at Dunbar Intermediate School.
On Dec. 19, 2011, Brianna Smith fell and became seriously injured when a rug or mat became bunched at the entrance of the school, according to a complaint filed Aug. 13 in Kanawha Circuit Court.
Sheila Perkins, Smith's mother, claims the defendant had an affirmative duty to examine the premises for unsafe and dangerous conditions; warn faculty and students as to any unsafe or dangerous conditions; correct any unsafe or dangerous conditions; and to otherwise keep and maintain its premises.
The Kanawha County Board of Education failed to warn their faculty and students about the bunched of rug or mat at the entrance of the school and caused Smith's injuries, according to the suit.
Perkins claims the defendant's negligent, careless, wrongful and unlawful conduct, Smith was severely injured and has incurred medical expenses in the amount of $18,256.41 to date.
The defendant created, maintained and allowed the school premises to become a nuisance, according to the suit.
Perkins is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Marvin W. Masters and Charles M. Love IV.
The case has been assigned to Circuit Judge Charles E. King.
Kanawha Circuit Court case number: 12-C-1609