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Former Westwood Middle School student's family files suit after student suffered fracture while playing football


By Bree Gonzales | Jul 25, 2018

Law money 08

MORGANTOWN – A Texas family that formerly resided in Monongalia County is seeking damages from a school system after their son was injured while playing football.

Tyler Baker, Tommy Baker and Jamie McElyea filed a complaint in Monongalia Circuit Court against Christina Drainer, Leonard Haney and Monongalia County Board of Education alleging negligence.

According to the complaint, Tyler Baker is a minor and was enrolled at Westwood Middle School in Monongalia County in 2016. The suit states on June 3, 2016, Drainer, a Spanish teacher, allowed students to play outside and Baker and other students began playing tackle football.

The suit states Baker was tackled by another student and felt a "pop" in his right hip, which caused him an immediate severe pain. He was diagnosed with a right displaced femoral neck fracture and underwent a surgical procedure, the suit states.

The plaintiffs hold Drainer, Haney and the Monongalia County Board of Education responsible because the defendants allegedly disregarded their duties to provide a safe environment at the school.

The plaintiffs request a trial by jury and seek an amount that is fair and equitable to compensate them for injuries suffered as a result of this incident, plus pre- and post-judgment interest, attorneys' fees and costs, and for any other relief that this court deems just and necessary. They are represented by Timothy J. Manchin and Taylor B. Downs of Manchin Injury Law Group PLLC in Fairmont.

Monongalia Circuit Court case number 18-c-237

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Organizations in this Story

Monongalia Circuit CourtManchin Injury Law Group, PLLC

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