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WEST VIRGINIA RECORD

Monday, March 18, 2024

Student says injuries tied to lack of supervision

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FAYETTEVILLE – A high school student is suing over injuries that he alleges occurred when he was allowed to leave the school building without supervision.

Austin Goodwin filed the suit May 11 in Fayette Circuit Court against the Board of Education of Fayette County, the Office of the Sheriff of Fayette County, and Deputy Matthew Kessler.


On June 9, 2014, according to the complaint, Goodwin and other students were permitted to leave the school building, contrary to the obligations of the school board, the sheriff's office and Kessler, who was working that day as school resource officer.

While on the soccer field, Goodwin claims he was injured -- a compound fracture to his arm, the suit alleges -- and purportedly incurred nearly $10,000 in medical bills. The suit further alleges that Goodwin endured physical pain and suffering, emotional anguish and mental distress, and a decrease in his ability to enjoy life.

The claims against the three defendants include negligence for allowing Goodwin to leave the school unsupervised, resulting in his injury.

Goodwin demands a trial by jury and judgment against the defendants in an amount the jury feels is justified by the evidence. He is represented by Kevin B. Burgess, Christopher B. Frost and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC in Fayettville.

Fayette Circuit Court Case number 16-C-133

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