03-05-2025
Lawsuit claims lack of handrails at Woodcutter Stadium led to injury of Harrison County woman
FAIRMONT — A lawsuit filed April 1 in Marion County Circuit Court claims a lack of handrails at Woodcutter Stadium led to the injury of a Harrison County woman.
Plaintiff Brittany Shaffer alleges Marion County Schools' failure to install handrails in the visitors stand of the football field at North Marion High led to her injury. Shaffer's attorney is T. Keith Gould, of Clarksburg.
The injury took place near the end of a middle school football game in 2023. As Shaffer descended the steps to join her son near or behind the team's locker room, she slipped, lost her balance and wrenched her left knee, according to the civil complaint.
'The Plaintiff's severe and permanent injury included a rupture of her anterior cruciate ligament and a torn meniscus, all of which required surgical repair,' the document states.
The filing states the steps in question were once fitted with handrails for the purpose of aiding spectators as they used the aisle steps. However, it alleges Marion County Schools removed the handrails and did not replace them. The document also points out the aisle steps were designed with predrilled holes to allow for handrails.
School Superintendent Donna Heston declined to comment for this story, saying Marion County Schools does not comment on ongoing litigation. Gould did not return a phone call by press time. As of May 1, no handrails are present at the visitors stand, despite the accident having occurred almost a year and half ago, which the complaint also points out.
The complaint alleges Marion County Schools violated state law.
According to the International Code Commission, the West Virginia Fire Commission adopted IBC standards statewide, including in Rachel where the field sits. IBC standards require handrails on bleacher aisles.
'There is no publicly available sign that the Defendant intends to make them compliant with the law or common sense safety practice,' the complaint says.
The lawsuit alleges negligence on the part of Marion County Schools as well as state law violations resulted in Shaffer suffering a severe and permanent knee injury. Shaffer seeks compensatory damages for past and future medical expenses, loss of household services and other damages. Shaffer also seeks general damages for pain, suffering, permanent injury, loss of enjoyment of life, emotional distress and other damages.
Marion County Schools has not filed a response in court yet.
