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.
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