MORGANTOWN -- A family says the Monongalia County Board of Education breached its duty to supervise and control its staff and to provide safety and protection to its students.
Lisa and Ronald Mathess, Jr. claim their daughter was assaulted by her librarian.
Filed by William Pennington of William Pennington Law Office, the suit states that Alexandria was a fourth grader at Ridgedale Elementary in March 2005. Her teacher and librarian, Michelle DeCarlo, was chastising students inside the library when she grabbed Alexandria by the neck and shoved her backward into a chair.
Lisa Mathess immediately rushed Alexandria to the emergency room at West Virginia University Hospitals.
The physical attack happened on March 29, 2005. The parents claim that the assault and battery was deliberate.
The Monongalia County Board of Education has a "no hands" policy. This means no corporal punishment or physical contact with students or faculty or staff is allowed or tolerated. The policy states that "The Monongalia County Board of Education believes that all learning and working environments must be free from racial, sexual, disability or religious/ethnic harassment or violence."
The Mathesses claim DeCarlo violated this policy as an agent of the school board. As such, the board breached its duty to supervise and control its staff as well as its duty to provide a safe and protected learning environment.
The policy states it should provide "...a nurturing, orderly, safe and stimulating educational environment."
The Mathesses are seeking punitive damages for pain and suffering, mental anguish and loss of ability to enjoy life, and hope that punitive damages will deter other teachers, faculty, and staff from misconduct. They are also seeking compensatory damages for medical bills of emergency room visit, future therapy bills, lost wages, attorney's fees and court costs.
In their prayer, however, the Mathesses state that no amount of money can ever make up for the traumatizing assault on their daughter. Alexandria is now scared to attend classes.
Monongalia County Circuit Court case number: 06-C-102
Family claims school librarian assaulted daughter
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