Man falls from deer stand, sues Cabell school board

HUNTINGTON -- A Cabell County man is suing over claims he was injured while using a deer stand at his son's school to record a soccer game.

Michael Railey filed a lawsuit Sept. 9 in Cabell Circuit Court against the Cabell County Board of Education, citing negligence.

According to the complaint, Railey was at his son's soccer game at Huntington High School with his camera equipment Oct. 16, 2012, when he was approached by the school's athletic director and invited to use the elevated platform beside the field for a better camera view of the field. Railey says he climbed the ladder to the top of the platform, which is 15 feet from the ground, and use it to film.

However, when he attempted to exit, he placed his foot on the top rung, experienced a leg spasm and fell to the ground, sustaining injuries, the complaint says.

The complaint states the platform did not have the proper handrails or toe board and there were no ropes or warnings to keep children or others from climbing it. According to the lawsuit, the platform was not being used for its intended purpose, as a deer stand.

The defendant is accused of negligence in failing to meet minimum safety standards.

Railey seeks damages, attorney fees, and interest.

He is represented by attorney Jay C. Love of Huntington. The case has been assigned to Circuit Judge Paul T. Farrell.

Cabell Circuit Court case number: 14-C-650