Lawsuit against Cabell school board for injuries dismissed

By Kyla Asbury | Oct 15, 2015

HUNTINGTON – A lawsuit filed earlier this year against the Cabell County Board of Education alleging injuries of a minor child has been dismissed.

The plaintiffs announced they had reached a settlement with the board and both parties jointly moved that the matter be dismissed with prejudice, according to the dismissal order.

The court ordered the case be dismissed with prejudice and stricken from the court docket.

On May 21, 2009, Corey Cooper, a minor child, was a student at Beverly Hills Middle School, and was running on an athletic field when he suffered severe bodily injuries caused by a concealed metal object partially imbedded in the ground, according to a complaint filed in Cabell Circuit Court.

Mark Cooper, Corey Cooper's father, claimed this dangerous instrumentality was negligently allowed by the defendants to be situated in an area where students were directed to recreate during the school day.

The exact nature of the metal object is unknown to the plaintiffs, according to the suit.

The Coopers claimed the defendants' acts and omissions were a proximate cause of the injuries and resulting damages sustained by the plaintiffs.

The damages Corey Cooper suffered was caused solely by the defendants' negligence, according to the suit.

Mark Cooper and Corey Cooper claimed the Cabell County Board of Education is vicariously liable for the negligence of its known supervisory employee under the doctrine respondent superior.

As a direct and proximate result of his injuries, Corey Cooper is, and has been and will continue to be restricted from normal activities, according to the suit.

Mark Cooper and Corey Cooper were seeking compensatory damages. They were being represented by Matthew J. Woelfel of Woelfel & Woelfel.

The case was assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court case number: 15-C-10

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