Lawsuit against Mason County Board of Education, radio station settled

By Kyla Asbury | Jun 5, 2013

POINT PLEASANT - A lawsuit against the Mason County Board of Education and Star Communications Inc. has been settled during mediation.

Star Communications is doing business as WVRC 104.7 FM.

On March 20, S. Douglas Adkins of Cyrus & Adkins served as mediator in the case, in which the parties negotiated openly and were able to reach a settlement, according to the mediation document filed March 26 in Mason Circuit Court.

On Feb. 22, 2011, Karen Jackson was lawfully on the premises of Point Pleasant Junior/Senior High School where Star was present to broadcast a girls' basketball game by radio, according to a complaint filed Oct. 24, 2011 in Mason Circuit Court.

Jackson claimed Star caused a cable to be extended across the common area, where it was not properly secured, and she tripped over it, which caused her to suffer injuries.

The defendants were negligent by creating a tripping hazard; failing to properly secure the phone line/cable; extending the phone cable in a dangerous place that could cause harm to persons lawfully using the premises; and failing to warn persons of the hazardous condition created by placing the phone line/cable on the floor, according to the suit.

Jackson claims the defendants also failed to utilize a phone jack inside the gymnasium instead of placing the unsecured phone line/cable in the common areas of the facility; miscellaneous other negligent actions and inactions; and failing to provide a safe place for persons lawfully on the premises.

Jackson and her husband, Kerr David Jackson, were seeking compensatory damages with pre-judgment interest. They were represented by C. Dallas Kayser of Kayser Layne & Clark PLLC.

The Mason County Board of Education was represented by Lou Ann Cyrus and Star was represented by William Crichton.

The case was assigned to Circuit Judge David W. Nibert.

Mason Circuit Court case number: 11-C-118

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