WAYNE – The parents of a 6-year-old are suing the Wayne County Board of Education after they claim their daughter was injured while attending school.

Aubrey Rutherford was 6 years old and a student at Kellogg Elementary when she was injured at school, according to a complaint filed in Wayne Circuit Court.

Jessica Lorin Rutherford and Dustin Rutherford claim their daughter was unsupervised in a grassy area behind the teacher parking lot, where she and other unsupervised children were playing with plastic golf clubs and, while playing with the golf clubs, another student struck Aubrey Rutherford in the face, causing her injuries.

The board, through its employees, carelessly, recklessly, negligently, maliciously and unlawfully allowed students to participate in unsupervised, inappropriate, immature activities while attending school, according to the suit.

The Rutherfords claim the defendant’s agents and/or employees failed to supervise very young students while they were utilizing plastic golf clubs and, as a result, their daughter was struck in the face and injured.

Aubrey Rutherford suffered great annoyance and inconvenience; has suffered from pain and discomfort; and has suffered permanent injuries to her body that will require additional medical services and treatment, according to the suit.

The Rutherfords are seeking compensatory damages. They are being represented by Paul E. Biser of Fredeking & Fredeking Law Offices LC.

The case is assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 15-C-207

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