Suit filed over fight at basketball game

CHARLESTON - A Kanawha County couple is suing the woman they say attacked them at a middle school basketball game in December.

John and Andrea McCune of Gallgher filed the lawsuit March 31 in Kanawha Circuit Court and also list the Kanawha County Board of Education as a defendant.

Andrea McCune says she was pregnant when Lisa Brown of Chelyan punched her in the stomach Dec. 19.

According to Board Attorney Jim Withrow, the attack was more the result of Brown's romantic past with John McCune than anything basketball related.

The complaint states that during an East Bank-Dunbar game, "Brown attacked, assauted and battered the plaintiff Andrea McCune by punching her in the stomach, pulling her hair and otherwise assaulting her, thereby physically harming her and endangering her unborn child…"

The complaint adds that McCune was taken to the hospital and received treatment for her injuries.

John McCune charges Brown with causing him great emotional shock and outrage.

Brown, a secretary at East Bank, was there to watch her son play in the game and was not on duty. Withrow thinks the Board's insurance will not cover an employee who was not acting in her role as an employee.

Still, the suit maintains that the Board did not provide proper protective supervision during the game.

Michael Clifford is representing the McCunes. Judge Tod Kaufman has been assigned the case.

The plaintiffs are seeking compensatory damages and a trial by jury.

Kanawha Circuit Court case number 06-C-601