Parent sues Kanawha Board of Education over child's injuries

By Kyla Asbury | Nov 21, 2012

CHARLESTON -- A parent is suing the Kanawha County Board of Education after a child was allegedly attacked on a school bus and suffered injuries.

Ronald E. Duerring, in his official capacity as superintendent of Kanawha County Schools; William P. (Pete) Thaw, in his official capacity as president of the Kanawha County Board of Education; and John Doe, in his capacity as bus driver for Kanawha County Schools were also named as defendants in the suit.

On Nov. 1, 2010, B.S.B. was attacked and/or otherwise physically assaulted by another minor child while riding a school bus, according to a complaint filed Oct. 17 in Kanawha Circuit Court.

Z.B. claims B.S.B. suffered injuries, including a broken wrist; pain and suffering; medical expenses; public humiliation and ridicule; emotional injuries; and other physical and emotional injuries.

The defendants had a legal duty to maintain safe, orderly and responsible conditions on the school bus to prevent harm to B.S.B. from other students and breached that duty by allowing B.S.B. to sustain injuries, according to the suit.

Z.B. claims the defendants improperly and negligently failed to maintain safe and orderly conditions, conduct and supervision of the students on the Kanawha County school bus.

The defendants knew or should have known that their failure to exercise reasonable care, caution and supervision over the students could result in harm to B.S.B., according to the suit, and the defendants failed to mitigate or eliminate dangers on the premises of the school bus.

Z.B. claims the defendants were aware of certain students engaging in bullying and/or threatening behavior toward B.S.B. and despite this prior knowledge, still failed to take adequate and appropriate measures to prevent serious bodily harm from occurring.

As a result of the defendants’ negligence and/or failure to mitigate the physical and emotional damages caused to B.S.B. as a result of the incident, Z.B. and B.S.B. were further damaged by having to place B.S.B. in a different school at considerable expense to Z.B. in terms of transportation costs, time of travel, annoyance, inconvenience and considerable emotional trauma to B.S.B. for being moved away from his friends and acquaintances, according to the suit.

Z.B. is seeking compensatory damages with pre- and post-judgment interest. Z.B. is being represented by William C. Forbes and W. Jesse Forbes.

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

Kanawha Circuit Court case number: 12-C-2097

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