Lincoln Co. bus driver accused of improper conduct with female passenger

By Harmon Marks | Apr 18, 2012

HAMLIN -- A school bus driver is accused of prolonged inappropriate conduct with a female Lincoln County High School student.

Parent Harold Workman brings the girl's complaint against Rex D. Toney of Harts, the Lincoln County Board of Education and John and Jane Doe.

Charleston attorneys Robert B. Warner and Lynnette Simon Marshall and Beckley attorney Stephen P. New of Beckley spell out 10 counts in their complaint, which was filed March 8

"From December of 2010 through April of 2011, the Defendant Rex D. Toney inappropriately touched, fondled, sexually harassed, abused, molested and assaulted the Plaintiff repeatedly while she was a passenger on a school bus owned by the Defendant Lincoln County Board of Education," the complaint states.

The school board, according to complaint, is responsible for providing "a school bus operator of good moral character." The board is accused of failing "to respond to suspicions, complaints and concerns that he (Toney) was sexually harassing and/or abusing children."

The plaintiff was owed a duty "in loco parentis" by defendants John and Jane Doe as school board agents to be safely transported to and from school. As board agents, they "failed to properly screen and investigate the Defendant ... failed to appropriately supervise Mr. Toney and failed to respond to suspicions, complaints and concerns."

The complaint says Toney "made statements and exhibited conduct toward the Plaintiff, forcing her to sit in a particular seat on the school bus where he could physically reach her while driving and otherwise regularly detained her disembarkment."

The complaint presents a list of damages for jury consideration that includes "Permanent psychological injuries, past and future medical/psychological bills; past and future pain, suffering and mental anguish; past and future loss of enjoyment of life; past and future humiliation, embarrassment, indignity and shame; diminished earning capacity and future lost wages, and other general and special damages afforded under West Virginia law."

Workman demands jury judgment jointly and severally in seeking compensatory and punitive damages, pre- and post-judgment interest, and litigation expenses.

Lincoln Circuit Court case number: 12-C-32

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