By Erica Kearns
A lawsuit between the parent of a Clay County high school student and the Clay County Board of Education has been settled for $55,000.00. The lawsuit was filed by the child’s mother, Anita Hays, after she says 2010 incident caused her son to break his right leg after being forced to play kickball during a physical education class at CCHS.
The complaint states that the child had physical limitations, documented by a written excuse by a physician, which prevented him from participating in high impact activities such as running. The child has undergone multiple surgeries on his hips and legs, the most recent only months before the alleged accident. The complaint further states that the student was still forced to participate in a kickball game, despite the excuse. While running the bases the child’s leg buckled, causing a severe fracture to his right leg.
Clay Circuit Court Judge Richard A. Facemire signed a final order approving the settlement on September 3. “Defendant Clay County BOE knew or should have known a substantial hazard existed with respect to requiring, directing or allowing the Plaintiff’s minor child to participate in high impact physical education activities, including running and/or playing kickball, which posed a substantial risk to the child of serious and permanent injuries,” the order says.
The West Virginia Record reports that portions of the settlement were ordered to be used to pay medical bills and attorney fees. The remainder of the money was distributed to Hays and will be kept in the bank until the child becomes an adult.