CHARLESTON – The mother of a non-verbal autistic boy who says a school aide abused her son has filed a motion for default judgment after the aide and the Kanawha County school board failed to respond the lawsuit.
Machaela Angel, as parent of B.F., filed her complaint February 29 in Kanawha Circuit Court against the Kanawha County Board of Education and Vonda Landers, a school aide at Mary C. Snow Elementary School in Charleston.
On May 1, Angel’s attorney Michael Cary filed the motion for default judgment, saying the defendants failed to file a responsive pleading in the matter. He also asked for the court to set a hearing to determine damages.
Cary
| Courtesy photo
“When is it going to stop?” Cary told The West Virginia Record when the complaint originally was filed. “I’m always going to provide a voice for the voiceless and fight for justice in the courtroom for my client.”
Cary declined further comment regarding the newly filed motion.
According to the original complaint, B.F. was enrolled in special education class at the school. Landers was an aide in the class. On September 5, 2023, Angel says she received a phone call from the school, the Charleston Police Department and Child Protective Services telling her there had been an incident at school involving her son.
The next day, the complaint says Angel viewed videotaped surveillance of her son being physically and verbally abused by Landers in the classroom.
The abuse, according to the complaint, included Landers hitting the boy over and over with a shield, continuing her assault despite the child’s screams and holding the boy in the corner with the shield pressed against his face and body.
“Landers knew that her abusive behavior was unlawful because as the teacher walks into the classroom, defendant Landers immediately hides the weapon, in the form of a shield, behind the desk as if nothing had occurred,” the complaint states.
Angel accuses the defendants of unlawful disability harassment and discrimination in violation of the West Virginia Human Right Act, negligent hiring, negligent supervision, negligent retention, negligence and civil assault and battery. She also filed a tort of outrage.
She seeks compensatory damages for permanent psychological injuries, pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame, inconvenience and other consequential damages. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
In the May 1 motion for default judgment, Cary says the defendants received the complaint and related documents March 4 via U.S. Certified Mail, and he says a defendant shall serve an answer within 20 days.
“The West Virginia Rules of Civil Procedure are not to be ignored,” Cary wrote in the motion. “Answers are to be filed in the time allotted. A plaintiff is absolutely entitled to a default judgment where a defendant has failed to file an answer.”
The plaintiffs are being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 24-C-281
