Clarendon School District 2 is the second of two county school districts facing a lawsuit this summer.
Vyneishia Stukes filed paperwork suing the district in Clarendon County Common Pleas court on July 7, citing both the school district and an unidentified minor younger than 18 as defendants.
Stukes, whom the paperwork states was a minor younger than 18 at the time of the incident, which happened during the 2015-16 school year, blames both for injuries received during an altercation in which she claims to have received "a contusion of her face, scalp and neck," "an abrasion or friction burn of the face, neck and scalp," "right shoulder pain," and "a total upper extremity impairment rating of 8 percent for loss of right shoulder range of motion (as determined by) Columbia Rehabilitation Clinic Inc."
Stukes charges in her paperwork, filed through Sumter attorney Dwight C. Moore, that "the school district should have foreseen the danger to students due to the population and crowded conditions existing on the premises at the time the incident occurred and was obligated to take affirmative steps to prevent or at least to mitigate the danger."
"The School District has negligently abdicated its duty to the students in general and to Vyneshia Stukes in particular, to protect her from bullying, harassment, intimidation and physical harm while on school premises," the suit reads, alleging the district violated the Safe School Climate Act.
Stukes' complaint states both she and the minor student were attendees of Manning High School when the incident happened Sept. 23, 2015. Stukes claims she and another female student were walking on the pavement near the tennis courts when the defendant and another female student bumped into the plaintiff as they passed each other.
Stukes claims the defendant then approached her "inquiring as to whether or not she has a problem with her."
"Plaintiff responded by saying, 'No,'" reads the complaint. "Defendant then started striking Ms. Stukes, forcing her to defend herself."
Members of Manning High School staff intervened, and the school resource officer was called. A report was later filed for simple assault with the Clarendon County Sheriff's Office.
Stukes was transported to Sumter Pediatrics for treatment, where she was referred to Palmetto Health Tuomey for Xrays. She received further treatment from Sumter Orthopaedic Associates, Southern Lakes Therapy LLC, USC Orthopaedics, Palmetto Health Richland and Columbia Rehabilitation Clinic.
The school district has held executive session meetings about the lawsuit but has not said anything publicly about the charges.
Stukes alleges in her complaint that the district was "grossly negligent in failing to supervise and control the defendant; in failing to protect the plaintiff; in failing to develop a plan to prevent bullying, harassment, intimidation and injurious conduct by the defendant; and in failing to assign or ensure the school district personnel were present to monitor student activity near the tennis courts.
She is asking for damages for out-of-pocket expenses; medical expense; mental anguish and emotional distress; pain and suffering; future damages resulting from permanent injuries; alteration of lifestyle; mental anguish and distress; emotional and psychological injury; embarrassment, humiliation and anxiety; depression; loss of enjoyment of life; and the trauma and negative impact of the half-a-day suspension on her permanent school record as well as the physical assault and battery upon her.
The district has 30 days from the time of the complaint to answer. Thus, an answer should be forthcoming shortly. Once it is recorded with the court, The Manning Times will have more information.
