HUNTINGTON -- The mother of a child injured on the swing set at Altizer Elementary is suing the Cabell County Board of Education for her daughter's injuries.

On Oct. 13, 2009, Michela Marcum was playing on the swing set on the playground at the elementary school, while under the responsibility and care of the Cabell County Board of Education, according to a complaint filed Sept. 14 in Cabell Circuit Court.

Debra Garboski, Marcum's mother, claims the Board of Education was negligent in its operation, maintenance and upkeep of the playground.

The swing set in question had no impact attenuating substance underneath it and it was positioned too close to a fence, in violation of standards for playground equipment as set by the U.S. Consumer Product Safety Commission, according to the suit.

Garboski claims the Board of Education was also negligent in failing to properly and adequately supervise her daughter as she was playing on the playground.

While playing on the swing set, Marcum fell and sustained a fracture to her skull, as well as other bodily injuries, according to the suit.

Garboski is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Jay C. Love.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 11-C-686

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