West Virginia Record

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Student blames school board for assault in gym class

By Philip Gonzales | May 4, 2017


RIPLEY — A middle school student is suing the Jackson County school board, alleging the defendant's negligence caused him to be assaulted by a fellow student in a gym class. 

Elijah Newcomb, a minor, by his next friend and natural mother, Karly Milligan, filed a complaint April 20 in Jackson Circuit Court against Jackson County Board of Education alleging that the school board members failed to provide a safe class to attend.

According to the complaint, on Oct. 24, 2016, Newcomb was attending a gym class at Ravenswood Middle School when he was assaulted by a fellow student who hurled a basketball at the back of his head. The suit says Newcomb sustained permanent injuries and incurred medical expenses. 

The plaintiff alleges the count board of ed negligently allowed Newcomb to be exposed to a child who was known to be violent and failed to completely control the area where plaintiff was assaulted.

Newcomb and his mother seek trial by jury, compensatory and general damages, attorney fees and court costs and all other equitable relief. He is represented by attorneys J. Michael Ranson and Cynthia M. Ranson of Ranson Law Offices in Charleston.

Jackson Circuit Court Case number 17-c-43

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Jackson Circuit Court Jackson County Board of Education Ranson Law Offices

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