Mother sues Kanawha school board for son's injuries

CHARLESTON – A mother is suing the Kanawha County Board of Education over injuries she claims her son sustained at Holz Elementary School.

Linda Woodell is the mother of Benjamin Woodell, who was a student at the elementary in February 2005.

Woodell's complaint says Benjamin is a quadriplegic and through his individualized care plan and by state and federal law was to be accompanied by an aide at all times.

Around Feb. 8, 2005, Woodell claims her son's aide negligently directed Benjamin's wheelchair into a wall in the cafeteria, causing a severe spiral fracture in his leg.

The complaint says that while Benjamin's leg was healing, he suffered spastic episodes in his legs that caused painful muscle contractions. This caused the bones in his hip and leg to shift and prompted numerous surgeries, the complaint says.

As a result, Benjamin is now permanently confined to a wheelchair, Woodell says. Prior to this, he could stand and walk for limited periods of time, the complaint says.

Woodell says the school board failed to adequately train the aide that worked with Benjamin.

She's seeking various damages, plus legal interest and fees.

Christina L. Smith is representing Woodell. The case has been assigned to Kanawha Circuit Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number: 09-C-327