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ELKINS -- An Elkins Middle School parent has filed a lawsuit against the Randolph County Board of Education regarding students becoming ill from "toxic fumes" at EMS in October.
Plaintiff Ashley Arnold, represented by Manchin Injury Law Group, PLLC, filed the lawsuit in October, naming the BOE, Sutter Roofing and Metal, Co. Inc., and "John Doe #1" as defendants.
The lawsuit accuses the three defendants of three counts: negligence, public nuisance and medical monitoring. The Board of Education is represented by attorney Heather Noel and Sutter Roofing and Metal is represented by attorneys Christopher Brumley and William Aubel.
According to the lawsuit, John Doe #1 is, "upon information and belief," a resident of the state who was an employee of Sutter Roofing and Metal, and the company should be liable for "injuries to Plaintiffs that were caused by the actions and negligence of Defendant John Doe #1."
According to the lawsuit's statement of facts, on Oct. 24, 2024, Arnold's child attended Elkins Middle School. During this time, the Board of Education had contracted Sutter Roofing and Metal to work on the middle school's roof.
"During roofing work… Defendant John Doe negligently placed a bucket of glue near a fresh air intake for the HVAC system at Elkins Middle School," the complaint states.
The suit alleges that, because of the bucket of glue near the HVAC system, "toxic fumes containing carbon monoxide" entered the school and caused "numerous students," including Arnold's child, to become ill and "require on-going medical treatment." The lawsuit also accuses Sutter Roofing and Metal of placing portable generators near the HVAC, which also caused the "toxic fumes."
The suit also states the Board of Education "failed to appropriately inspect and maintain" the middle school's carbon monoxide detectors.
According to the lawsuit, the plaintiffs have suffered damages, including "injuries, annoyance and inconvenience."
The lawsuit states that Arnold, "on behalf of themselves and all others similarly situated," demands a trial by jury and asks for relief in the form of:
Compensatory damages for "damages alleged in this complaint."
Compensatory damages, reasonable attorneys' fees, filing fees, and other reasonable costs for the lawsuit.
Judgement against the defendants "jointly and severally" that says the defendants are liable for all appropriate medical monitoring costs, "in an amount to be determined."
Equitable and injunctive relief for providing notice and medical monitor relief.
Prejudgement and postjudgment interest.
Any other and further relief that the court deems "just and proper."
The relief would also apply to anyone else who suffered damages from the incident, as the complaint states that this class action suit is brought on behalf "all persons or entities who were in the affected area of Elkins Middle School.
The complaint alleges that the suit falls under West Virginia Rules of Civil Procedure 23. Rule 23 of the procedure states that one or more members of a class may sue or be sued as representative parties on behalf of all members only if:
The class is so numerous that joinder of all members is impracticable.
There are questions of law or fact common to the class.
The claims or defenses of the representative parties are typical of the claims or defenses of the class.
The representative parties will fairly and adequately protect the interests of the class.
The complaint claims all four stipulations of Rule 23 apply to this case, especially as there is believed to be more than 50 students affected.
On March 10, the Board of Education and its attorney made a motion to dismiss the case in Randolph County Circuit Court during a scheduling conference. Randolph County Circuit Court Judge David Wilmoth took the dismissal under advisement, according to the Court, meaning he will make a decision on the matter at a later date.
According to the Randolph Circuit Court, jury selection for the case is scheduled for March 9, 2026, and the trial is scheduled to take place from March 11 to March 13 in 2026.
On Oct. 24, Dr. Shawn Dilly, superintendent of Randolph County Schools, released a statement on social media following reports that several children had become ill at Elkins Middle School.
"We want to inform you about an incident involving our roofing contractors that occurred today at Elkins Middle School," The statement said. "A bucket of non-toxic glue was placed near a fresh air intake, generating fumes that generated an odor in a portion of the school."
Thirty minutes after the initial statement, Dilly put out another post that stated that no carbon monoxide levels were discovered when the Elkins Fire Department and a gas company did an investigation. Dilly recommended that families of students who were ill should check their homes for elevated levels.
Four hours after the initial statement, it was announced that Elkins Middle School would be closed the next day and would reopen the following Monday on Oct. 28 as the Board of Education worked with the State Fire Marshal, the Elkins Fire Department, emergency management and air quality experts to assess the situation. Dilly reiterated, however, that no carbon monoxide had been found in two separate investigations that day.
Though the school reopened on Oct. 28, parents still reported their children becoming ill and were seen taking children out of the school in the middle of the day. The Board of Education put out a statement that the Elkins Fire Department had done a precautionary sweep of the building that day and "carbon monoxide was not detected during this check."
Later that day, the Board announced that Elkins Middle School would move into remote learning until the end of the week, Nov. 1.
"Since October 24, 2024, Randolph County Schools has supported five separate inspections of the facility, including a comprehensive assessment over the weekend," the announcement read. "Each inspection with the Elkins City Fire Department, the Fire Marshal, and additional environmental experts confirmed that all carbon monoxide (CO) levels are within safe, normal ranges."
Elkins Fire Department Chief Steve Hines also confirmed with The Inter-Mountain that his department had returned to EMS on Oct. 28 and had not found any source of CO "that would expose anyone in that building."
On Oct. 30, Dilly released a press statement, saying that, since Oct. 24, six separate inspections of the school had taken place, including a "comprehensive air quality assessment" that was conducted over the weekend by Green Home Solutions, which he said "provided a broader spectrum of air quality analysis."
The press release stated that two initial inspections confirmed that "no carbon monoxide (CO) or other hazardous levels are present, and all air quality readings are within normal, safe ranges." The water test results also showed that the school's water was "within normal safety limits."
A West Virginia Army National Guard statement, written by Ryan Schwartz, commander of the 35th Civil Support Team, stated that, during an investigation of the building, the team found no elevated readings during an initial building reconnaissance in areas that were of "high interest."