West Virginia Record

Monday, July 15, 2019

Woman sues Kanawha schools for son's injury

By Kyla Asbury | Nov 2, 2009

CHARLESTON -- A woman is suing the Kanawha County Board of Education after her son was injured at school.

Amanda L. Wikel claims her son suffered injuries to his right arm when he fell from the playground equipment at Elk Elementary School, according to a complaint filed Oct. 15 in Kanawha Circuit Court.

Wikel claims the Kanawha County Board of Education had a duty to care for her son, including a duty of proper instruction, supervision and maintenance of its equipment and premises.

On Oct. 16, 2007, the Board of Education breached its duty by allegedly failing to properly instruct and supervise Wikel's son and by failing to properly maintain its equipment and premises, according to the suit.

As a result, Wikel's son suffered a severe fracture of the radial neck in his right arm and a dislocated ulnohumeral joint in his right elbow

Wikel claims she and her son have suffered mental anguish and distress; pain and suffering; medical expenses; future lost earnings and lost earning capacity; future household services; aggravation, annoyance and inconvenience; and loss of enjoyment of life.

Wikel is suing for compensatory damages. Thomas H. Peyton of Peyton Law Firm is representing her.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 09-C-1935

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