CHARLESTON — The parents of a minor are suing both the state Board of Education and Kanawha County Board of Education alleging their son was injured at a high school basketball practice.
The West Virginia Board of Education, the West Virginia Department of Education, the Kanawha County Board of Education, the West Virginia Secondary Schools Activities Commission, Nitro High Principal Jason Redman, Athletic Director Garrett Burdette, Coach Gregory Austin Lowe and Assistant Coach Dana Womack were all named as defendants in the suit.
John Elmore and Nikia Elmore are the parents of E.E., who was 15 years old in 2021 and was a member of the Nitro High School boys' basketball team, according to a complaint filed on March 29 in Kanawha Circuit Court.
The Elmores claim on April 1, 2021, the basketball team had a scheduled practice from 4 p.m. until 5:30 p.m. and their team photo session was scheduled for before practice, so the team members had to be there at 3:30 p.m.
E.E. and other basketball players were in the gymnasium and Lowe, Redman, Womack and Burdette had knowledge the students were in the gym using the basketball equipment.
"Despite having actual knowledge that students were in the gym practicing basketball equipment, there was no supervision by school personnel before the scheduled practice began at 4:00 p.m.," the complaint states.
While the team members were in the gymnasium, B.M., threw a basketball and it hit E.E. on the side of his head with great force, causing him to stagger and drop to the floor, according to the suit.
The Elmores claim neither B.M., nor any other student or player, was being supervised at the time and E.E. showed signs of a concussion or head injury, but no one offered or provided any assistance to E.E. after he was struck by the ball.
E.E. did not participate in the entire basketball practice, but no one examined him or questioned his physical or mental state, nor did anyone offer help or assistance or contact his parents, according to the suit.
When John Elmore arrived to pick his son up from practice, he immediately noticed that something was wrong with his son because he was unsteady on his feet, his eyes were glassy and red, his face was red and puffy on one side, his speech was slow and there was dried blood in his nostril, according to the suit.
The Elmores claim when John Elmore began driving E.E. home, he began to vomit and John Elmore took him to MedExpress, who referred him to CAMC Womens and Childrens Hospital for medical assistance, where he was diagnosed with whiplash and a concussion.
John Elmore contacted Lowe and asked what had happened and Lowe explained that another team member had hit him in the face with a basketball that he'd shot from half court and Lowe apologized for not being in the gym when the incident occurred and that it never would've happened had he been there, according to the suit.
The Elmores claim John Elmore requested video footage of what happened in the gym and Lowe involved Burdette in the investigation of the incident. On April 2, 2021, John Elmore requested that Burdette preserve the video footage.
On April 6, 2021, the first day of school after the Easter holiday, the Elmores met with Burdette and Vice Principal Brian Barth at the school and requested to see the video footage, but were not allowed to see it, according to the suit.
The Elmores claim on April 8, 2021, they sent a formal preservation letter to Redman and the county board and an action was filed in Kanawha Circuit Court on Aug. 31, 2021, to allow for a protective order to be entered to allow for the production of the video footage.
The defendants had a duty to notify the Elmores as soon as practicable after he was struck by the ball and were negligent, according to the suit.
The Elmores are seeking compensatory damages. They are represented by Marvin W. Masters and Kimberly K. Dotson of The Masters Law Firm in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-275