Woman sues Kanawha County school board over daughter's splinter

CHARLESTON - A Sissonville woman says her 7-year-old daughter still has a scar from an incident on the Sissonville Elementary playground.

In a lawsuit filed March 22 in Kanawha Circuit Court, Brenda Fowler says her daughter, Rayvin Lee Flower, is still suffering from the injuries of having a large splinter stuck in her leg.

Fowler says her daughter suffered severe and permanent injuries when a large wooden sliver splintered from a piece of playground equipment and lodged deep into her right leg.

Rayvin was only 5 when it occurred on March 25, 2004.

"Before her wound could be adequately cleaned, numbed and stitched closed, this large wooden sliver had to be cut from plaintiff Rayvin Lee Fowler's leg, which still bears permanent and visible scarring from these injuries," the lawsuit says.

Fowler adds that the school system had a duty to protect her daughter.

"Defendant… had a duty to plaintiffs - each and both - to act in a reasonable, prudent manner when exercising and/or undertaking the care, supervision and control of plaintiff Rayvin Lee Fowler," the lawsuit says.

It adds that the Board of Education should "provide reasonable, prudent inspection of, maintenance on, and upkeep to playground equipment being utilized by persons under defendant's care, supervision and control."

Fowler is represented by Scott Caudill. Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-535