Parents sue after son allegedly trips at Hurricane-Spring Valley softball game

By Kyla Asbury | Aug 1, 2013

WINFIELD - The parents of a minor who was allegedly injured while on Hurricane High School's premises are suing the Putnam County Board of Education for his injuries.

On March 15, Jacob Stewart was attending a softball game between Hurricane High School and Spring Valley High School at Hurricane and was walking on the sidewalk when he tripped on the edge of the sidewalk and was injured, according to a complaint filed June 25 in Putnam Circuit Court.

Steve Stewart and Kim Stewart claim their son was exercising due care for his own safety when he tripped on the edge of the sidewalk.

The defendant had a duty of care to construct and keep the sidewalk at the high school softball field in a reasonably safe condition and failed to keep the walkway intended for public use free and clear from unreasonable defects, hazards or obstructions, according to the suit.

The Stewarts claim as a result of the defendant's careless, reckless, negligent, willful, wanton, malicious and unlawful acts, their son suffered a right distal radius fracture.

As a result of Jacob Stewart's injuries, Steve and Kim Stewart incurred medical expenses for the services of hospitals, physicians and traveling, according to the suit.

The Stewarts are seeking compensatory damages. They are being represented by R.R. Fredeking II and Paul E. Biser of Fredeking & Fredeking Law Offices LC.

The case has been assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 13-C-208

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