CHARLESTON - A lawsuit against Davis Creek Church of the Nazarene was dismissed from Kanawha Circuit Court in 2011.

On Sept. 16, 2011, the plaintiffs and defendant requested that the Court dismiss the action from its docket with prejudice, according to the Agreed Order of Dismissal.

The controversy between the parties has been fully compromised and settled, according to the dismissal order.

On June 26, 2009, Paul Filipiak and Robin Filipiak took their 9-year-old son, Caleb Filipiak, to the church for Vacation Bible School, according to a complaint filed June 1, 2011, in Kanawha Circuit Court.

The Filipiaks claimed during the course of Vacation Bible School, the children were instructed to play a game called Wrap ‘N’ Run, which requires one child to wrap another child with an entire roll of plastic wrap from feet to chest and the child who is wrapped then is required to hop from the starting line to the finish line, where the child is then unwrapped by a third child.

The first team to race, unwrap and discard the plastic wrap wins, according to the suit.

The Filipiaks claimed children who are wrapped in plastic wrap are to have their arms free from the plastic wrap so that if the child falls, they are able to catch themselves, but despite the game’s warning, the defendant instructed the children to wrap one another’s arms with plastic wrap during the course of the game.

A few days prior to the incident on June 26, 2009, another child was injured playing Wrap ‘N’ Run, according to the suit.

The Filipiaks claimed while Caleb Filipiak was participating in the game, he lost his balance and fell to the floor, striking his face and causing him severe injuries.

Caleb Filipiak sustained a fractured nose, a severe laceration of his face, nerve damage, loss of consciousness, damage to his teeth and substantial facial scarring, according to the suit.

The Filipiaks claimed the defendant had a duty of care to act in a reasonable and prudent manner and failed to do so by not properly abiding by the warnings and instructions int he game booklet to protect children from injuries.

The defendant’s negligence caused Caleb Filipiak to endure surgical procedures in the amount of nearly $20,000, according to the suit.

Paul and Robin Filipiak were seeking compensatory damages with pre- and post-judgment interest. They were being represented by C. Benjamin Salango of Preston & Salango PLLC.

The defendants were represented by Jonathan W. Price of the Bell Law Firm PLLC.

The case was assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-904




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