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WEST VIRGINIA RECORD

Tuesday, March 19, 2024

Eastbrook Elementary student, guardian file suit over playground injury

Medical malpractice 06

WINFIELD – A minor student and his guardian have filed suit against a county school board after the student was injured during recess.

M.B., by his next friend and guardian Saundra Adkins, filed a complaint Sept. 18 in Putnam Circuit Court against Putnam County Board of Education alleging breach of duty of care.

According to the complaint, in April 2016, M.B. was an 11-year-old, fifth-grade student at Eastbrook Elementary School, a facility operated by the defendant. The suit states he fractured his finger while playing football during recess, but his parents did not learn of the injury until he returned home from school.

The plaintiffs hold Putnam County Board of Education responsible because the defendant allegedly failed to properly supervise M.B., failed to provide a safe and secure environment and failed to notify M.B.'s parents of the injury.

The plaintiffs request a trial by jury and seek judgment against defendant for compensatory damages, costs, attorneys' fees and further relief as the court may deem appropriate. They are represented by Christopher J. Heavens of Heavens Law Firm PLLC in Charleston. The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number 17-C-194

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