MILLER v. GIBSON

No. 17253.

355 S.E.2d 28 (1987)

Shirley MILLER v. Barbara GIBSON, Admx. of the Estate of Roy L. Gibson, II v. BOARD OF EDUCATION OF MASON COUNTY.

Supreme Court of Appeals of West Virginia.

March 11, 1987.


Attorney(s) appearing for the Case

Ralph C. Dusic, Jr., Charleston, for appellant.

C. Dallas Kayser, Pt. Pleasant, for appellee.

Richard L. Earles, Shuman, Annand & Poe, Charleston, for Board of Educ. of Mason County.


NEELY, Justice:

This tort action arises out of an incident that occurred 5 November 1982 at Point Pleasant High School. During a pep assembly several students were invited to come onto the gymnasium floor to assist the cheerleaders in executing a new cheer. While the students were coming down to join the cheerleaders, student Todd Gibson either fell or jumped from the bleachers, grabbing teacher Shirley Miller as he did so. As a result Ms. Miller fell to the gymnasium...

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