by CHARLOTTE SANDERS Senior Writer
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WILLIAMSON —A 19-year-old Red Jacket youth is seeking compensation from the Mingo County Board of Education for the outgrowth of physical injuries he sustained in a 2001 attack by a student on a school bus.
Derek Blair, who was a Matewan Middle School student at the time he claims to have been attacked by another student, filed a civil action on Jan. 8, 2010 in Mingo County Circuit Court through counsel, Greg K. Smith of Williamson.
The teen-age plaintiff’s complaint notes that the defendant Board of Education controlled and managed the public school system in Mingo County, and its employees, including principals, teachers and bus drivers.
The plaintiff alleges that the attack on his person by another student occurred on or about Oct. 2, 2001. He claims to have sustained grievous bodily injuries, including a fracture to his nose, and that the subsequent injuries were a direct and proximate result of the failure of the Board of Education to properly supervise those students being transported on this bus.
Plaintiff Blair specificially alleges that the Board of Education was aware that the student in question had threatened Blair, but failed to take any action to prevent the attack.
He alleges further that the board and its employees and agents were negligent in failing to safeguard the plaintiff from a situation known to be dangerous; failing to supervise its employees and students; failing to ensure the safety of the plaintiff.
The plaintiff states he has had great pain and suffering as a result of his bodily injury; has endured and will continue to endure physical pain and suffering as well as emotional trauma and distress; and, among other things, has suffered permanent disfigurement and scarring and a diminution of his ability to earn money and enjoy life.
The plaintiff by and through his counsel demands judgment from the Board of Education for compensatory damages; for costs and attorney fees; for pre- and post-judgment interests, and other proper orders and relief. A trial by jury is asked.