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Wayne County man says child was injured playing tag on school playground

WEST VIRGINIA RECORD

Sunday, December 22, 2024

Wayne County man says child was injured playing tag on school playground

Lawsuits
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WAYNE – A Wayne County man says his child was injured on a school playground.

Josh Hall filed his complaint in Wayne Circuit Court against the Wayne County Board of Education.

According to his complaint, Hall’s seven-year-old child – identified only as D.H. – was a student at Prichard Elementary School last year.

On April 12, 2021, D.H. was playing a game of Tag on the school playground near the playground equipment with other students.

Hall says employees of the school board were not supervising children properly or didn’t provide enough employees to properly supervise the children. That, he says, allowed the children to use the playground equipment improperly.

He says D.H. “was on the outside of a railing, which was not an intended area for children, and another student pushed D.H. off the equipment while attempting to ‘tag’ D.H.”

D.H. fell to the ground and sustained injuries, including a fracture.

Hall says the defendant knew D.H. and other children would be attracted to the playground equipment and should have maintained all areas of its property in a reasonably safe condition. He says the school board breached its duties to provide a safe place for children to attend school.

He says D.H. suffered severe injuries causing pain, suffering and permanent damage. In addition to medical and hospital expenses, Hall says he has endured pain and suffering, mental anguish and emotional trauma as well.

Hall seeks compensatory damages, interest, court costs, attorney fees and other relief.

He is being represented by Matthew Stapleton and Scott Stapleton of Stapleton Law Offices in Huntington.

Wayne Circuit Court case number 21-C-90

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