Parents sue Putnam school board for son's injuries

WINFIELD -- A Culloden couple is suing the Putnam County Board of Education after their son was injured at Hurricane High School.

On Sept. 9, 2010, Hunter Fitzwater was a student at Hurricane High School and was seated at a desk located in the rear portion of his assigned classroom when a classmate was leaning on a stack of archery targets located near Fitzwater’s seat and the targets fell forward, striking Fitzwater in the head and forcing his head directly onto the top of his desk, according to a complaint filed Sept. 5 in Putnam Circuit Court.

Jimmy Fitzwater and Lorie Fitzwater claim as a result of the dual blows to Hunter Fitzwater’s head, he suffered an immediate loss of consciousness and, thereafter, an altered state of consciousness for an extended period of time.

The Board of Education owed Hunter Fitzwater a duty to warn him of the dangers and risks associated with the hazard posed and created by the Board when it chose to store, stack and/or maintain the archery targets in the classroom, according to the suit.

The Fitzwaters claim the Board had a duty to supervise students in and/or around hazards or dangers existing in the classroom wherein the archery targets were stored, stacked and/or maintained.

The Board of Education breached, violated and otherwise failed to comply with its duties and was otherwise negligent by choosing to store, stack and/or maintain the archery targets in the manner in which they were, according to the suit.

The Fitzwaters claims the defendant’s negligence caused Hunter Fitzwater to suffer a traumatic brain injury.

Hunter Fitzwater’s traumatic brain injury has caused him short-term and permanent and life altering cognitive and emotional deficits and residual effects, according to the suit.

The Fitzwaters claim their son has also suffered great pain of body and mind; his future earning capacity has been greatly diminished; his learning and educational capabilities have been significantly impaired; and his enjoyment of life has been permanently impaired.

Jimmy Fitzwater and Lorie Fitzwater have suffered the loss of consortium of their son, according to the suit.

The Fitzwaters are seeking compensatory damages with pre- and post-judgment interest. They are being represented by S. Douglas Adkins and John F. Cyrus.

The case has been assigned to Circuit Judge J. Robert Leslie.

Putnam Circuit Court case number: 12-C-274