School board files response to lawsuit

An attorney for the Alleghany County Board of Education has filed a response for the board in the Miller lawsuit.

Evelyn G. Miller and Lowell Miller are suing the board over injuries Mrs. Miller received three years ago at Alleghany High School. The board's response denies the Millers' allegations of negligence. While the couple was visiting the school for an awards ceremony on May 30, 2000, Evelyn Miller stepped into an earthen hole which was covered by grass and fell. The Millers' suit claims her right arm and elbow region were severely injured. Miller underwent surgeries at Davis Medical Center in Statesville.

The board's response, filed April 25 by attorney William A. Blancato of Winston-Salem, denies the Millers' claims that the hole had existed for about a year, and that school officials knew about the hole and its danger but did not correct the situation or properly warn school invitees or guests of the hazard.

Blancato was assigned to represent the school board in the case by the board's insurance carrier.

The Millers' allegations that school officials knew of others who had previously fallen at the same location were also denied. The response did acknowledge the assertion in the Millers' suit that school officials had the hole filled in shortly after Evelyn Miller's fall.

Contributory Negligence Asserted

As additional defenses, Blancato's response states, "Plaintiffs' claims are barred by the contributory negligence of Evelyn Miller in failing to maintain an appropriate lookout, failing to see what she ought to have seen, and failing to exercise reasonable care for her own safety....

"Plaintiffs' claims are barred to the extent they have failed to mitigate their damages."

The suit complaint claims Miller has experienced physical and mental suffering; lost wages, income and professional advancement opportunities; and incurred medical bills of more than $31,000. Miller is a teacher at Sparta School.

The response asks that the Millers recover nothing and that the board recover its cost.

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