|
Lawsuit filed against former principal
By Lynn Hotaling
A lawsuit has been filed against a former Smoky Mountain High School principal, alleging he caused injury to a student through the use of “unreasonable and excessive force.”
Filed on behalf of Michael Scott Webb, the suit alleges that former SMHS Principal Kenny Nicholson harmed Webb during a school dance held Sept. 11, 2001, when Webb was a 14-year-old freshman.
According to documents on file in the Jackson County Clerk of Court office, Webb realized he didn’t have money for admission and leaned through an open cafeteria window to try and attract his older brother’s attention and get the money.
He was instructed to go back outside by then Assistant Principal Tinnie Salzano, who was collecting admission money at the dance, according to the lawsuit.
Before Webb could respond, Nicholson allegedly “grabbed Michael, pulled him forcibly back through the window and pushed him up against an exterior wall,” the suit states.
Webb’s left hip was injured in the process, according to the lawsuit.
The suit further alleges that Nicholson knew Webb suffered from a medical condition that had caused him to undergo several hip surgeries.
Also named as a defendant is the Jackson County Board of Education.
Webb’s lawsuit seeks damages in excess of $20,000 as well as court costs. He is seeking a jury trial.
A similar suit, filed in April 2003, was voluntarily dismissed earlier this year.
According to Webb’s attorney, John Hensley Jr. of Asheville, the re-filing was a “procedural issue” designed to make it clear that the plaintiff is suing Nicholson as an individual and not just as an employee of the Board of Education.
Another reason for re-filing is to make sure the complaint is as specific as possible, Hensley said.
Though a court date has not been set, he’s ready to proceed, Hensley said.
“We’d like to expedite it. All the depositions we took for the first suit can be used in the second action.”
Raleigh attorney Ann Estridge is representing Nicholson. She said Wednesday that she has not yet filed an answer to Webb’s lawsuit and declined additional comment.
Asheville attorney Chris Campbell is representing the Board of Education and could not be reached before Herald press time on Wednesday.
|
