CHARLESTON — A lawsuit against the Mingo County Board of Education was remanded to Mingo Circuit Court from federal court.
The agreed order was filed in U.S. District Court for the Southern District of West Virginia by Judge John T. Copenhaver Jr., granting a motion to remand.
"Based on Defendants; concession and voluntary withdrawal of the Notice of Removal the Court grants the Defendants motion, and remands this case to the Circuit Court of Mingo County, West Virginia," the order states.
A motion to remand was filed in February by the plaintiff.
Jeannine A. Morris, a resident of Tennessee, originally filed her complaint in Mingo Circuit Court in December 2018. It was removed to federal court on Jan. 14.
Morris was injured in an incident that took place on April 19, 2017, when she was operating her vehicle in Delbarton.
The suit alleges the defendant, whose employee, Donald Lawrence, was driving a school bus, attempted to merge onto U.S. Route 119 and failed to yield, striking the plaintiff's vehicle.
"Ms. Morris was free from all negligence at all times relevant to this Complaint," the complaint states. "At the time of the collision, Mr. Lawrence was acting in the course and scope of his employment or agency relationship with the Board."
The defendant is accused of negligence and reckless driving.
As a result of the defendant's negligent acts, Morris sustained medical expenses; pain and suffering; physical limitations; a diminished capacity to enjoy life; lost wages; loss of enjoyment of life; loss of future earning capacity; and annoyance and inconvenience, according to the suit.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Duane Ruggier II.
The defendant is represented by Robert D. Cline Jr., Robert A. Campbell and Letisha R. Bika of Farmer, Cline & Campbell.
U.S. District Court for the Southern District of West Virginia Case number 2:19-cv-00047
