Mother sues Kanawha school board for son's injuries

By Kyla Asbury | Aug 25, 2010

CHARLESTON -- A mother is suing the Kanawha County Board of Education after her son suffered injuries at McKinley Junior High School.

On Aug. 15, 2009, Amy Michelle Tippett's son, Derrick Austin Elkins, was sitting on a piece of football equipment at McKinley Junior High School when the equipment collapsed without warning, causing him to suffer injuries, according to a complaint filed Aug. 10 in Kanawha Circuit Court.

Tippett claims her son sustained a fracture to the orbital floor of the left eye and multiple fractures to the nose and both cheek bones and had to have several surgeries to repair the damages. She claims his medical bills are believed to exceed $50,000.

The defendant had a duty to act in a reasonable and prudent manner and to insure that children who were upon school property were free from exposure to defective equipment, according to the suit, and breached its duty by causing Elkins' injuries.

Tippett is seeking compensatory damages. She is being represented by Stephen P. Swisher.

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

Kanawha Circuit Court case number: 10-C-1422

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