112th Year, 41st Issue Thursday, May 24, 2001 Sparta, North Carolina

Board asks for time in Halsey suit

By ROBBY LUCKE
Staff

A Raleigh attorney has joined the defense in the pending lawsuit of Barbara Halsey versus the Alleghany County Board of Education. Halsey, a former fourth-grade teacher at Piney Creek Elementary School, is suing the board over its June 2000 decision not to grant her career status or renew her contract.

Bobby Irwin, Curtis Weaver, Charles Joines, David Caldwell and Gary Murphy, who were then board members, are named individually as defendants along with the board as a whole. All but Irwin and Weaver are still on the board.

The suit was filed April 18. According to papers filed at the Alleghany County Courthouse, the defendants were served with the suit May 7. On May 16, Jonathan A. Blumberg, an attorney with Tharrington Smith, L.L.P. in Raleigh, filed a notice of appearance of counsel for the defendants in the case.

Board Attorney Fred Johnson explained that Blumberg's enlistment is a result of the board's liability insurance coverage policy. Blumberg's firm serves at the pleasure of the board's insurance carrier. "Whenever a lawsuit is filed against the board of education, the insurance carrier has to provide a defense (to the board of education)," said Johnson. "That's good for the board; it saves them money."

He added, "I'll continue to participate with him (Blumberg) locally in the defense of this case....He's an excellent attorney. I've known him for a long time. I look forward to working with him."

Also on May 16, Blumberg filed a motion for extension of time to answer. The defense initially has 30 days after being served to file a written response to such a lawsuit. "Additional time is needed to investigate and respond to the allegations in the complaint," the motion stated.

Clerk of Court Susie Gambill granted the motion the same day, giving the defense until July 6 to respond.

Johnson described the extension request as routine. "It will give him (Blumberg) an opportunity to come up and talk with people," he said.
 
 

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