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C.C. v. Harrison County Board of Education

Court: Supreme Court of Appeals of West Virginia

Docket: 20-0171

Opinion Date: June 17, 2021

Judge: Jenkins

Areas of Law: Education Law, Personal Injury

The Supreme Court affirmed in part and reversed in part the order entered by the circuit court granting the motion to dismiss filed by Defendant, the Harrison County Board of Education, and dismissing Plaintiffs’ complaint seeking damages for their student’s injuries caused by an Assistant Principal’s actions and the Board’s response thereto, holding that the circuit court erred in part.

Specifically, the Supreme Court held (1) the circuit court properly dismissed Plaintiffs’ claims for negligent hiring and negligent supervision; (2) the circuit court did not err by dismissing a portion of Plaintiffs’ claim for negligence per se, but the allegations of negligence per se that Petitioners set forth in their third iteration of the claim sufficiently stated a caused of action for negligence to defeat the Board’s motion to dismiss; and (3) the circuit court erred in dismissing Plaintiffs’ claim for negligent retention because Plaintiffs stated a claim for negligent retention sufficient to survive the Board’s motion to dismiss this claim.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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