WEST VIRGINIA RECORD

CHARLESTON -- A Nitro woman is suing the Kanawha County Board of Education after she was injured on a bus.

Stephen Martin, a bus driver and employee of the Kanawha County Board of Education, was also named as a defendant in the suit.

On Sept. 30, 2008, Jessica Walton, who was a student at Nitro High School, was being transported by bus by Martin between the high school and the Ben Franklin Vocational Center, according to a complaint filed Dec. 2 in Kanawha Circuit Court.

Walton claims Martin "used a technique commonly referred to as a brake check to control, get the attention of, or discipline students aboard buses he was operating."

Walton claims when Martin did this she was thrown forward and injured.

As a result of Martin's actions, Walton's head and face slammed into a seat in front of where she was sitting, which caused her to suffer injuries to her head and neck, according to the suit.

Walton claims the Board of Education negligently employed Martin, which makes them responsible for his actions.

Walton is seeking compensatory and punitive damages. She is being represented by Mark McMillian.

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

Kanawha Circuit Court case number: 10-C-2181