ONA Ƶ Parents expressed their anger and confusion regarding a lawsuit filed by Cabell County Schools more than two years after a middle school field trip was canceled due to the COVID-19 pandemic.
The lawsuit, filed on behalf of the Cabell County Board of Education Sept. 22, is against Eric Morrison and E.T. Advisor Services LLC, who was contracted to make arrangements for students and chaperones from Barboursville and Milton middle schools to travel to Washington, D.C., in the spring of 2020.
Due to the COVID-19 pandemic, the trip was canceled, and the lawsuit states the defendants, Morrison and E.T. Advisor Services LLC, did not return $136,500 to the families of the students.
The lawsuit accuses the defendants of civil theft, unjust enrichment/restitution and fraud.
During an open meeting Wednesday for those who paid for these trips and are awaiting refunds, parents and guardians expressed mixed reactions to hearing the Board of Education could not legally refund the families while waiting for a trial. Some even questioned if they can bring legal action against the school district.
ƵThere was no mention of a travel agency; in fact, I donƵt know why the board would want to take that liability on and mediate that exchange with hundreds of thousands of dollars. YouƵre going after Morrison, heƵs not the problem as far as IƵm concerned,Ƶ said one attendee, who left shortly after being told parents had signed documents that included E.T. Advisor Services LLCƵs involvement.
Cabell County Schools legal counsel Sherrone Hornbuckle-Myers said the district tried to find ways they could repay families, but are not legally able to do so. Hornbuckle-Myers also said the Board of EducationƵs insurance company, BRIM Insurance, would not agree to cover the trip because the district is alleging fraud has occurred, but does not have proof at this time.
Thom Boggs of Duffield, Lovejoy and Boggs PLLC is representing the Board of Education in Cabell County Circuit Court and told parents and guardians an estimated timeline for next steps, which include a response from the defendants by the end of October.
Boggs warned this process could still be another couple of years and he could not make promises that the board would win the lawsuit, but he believes it has a strong case.
ƵThere are no guarantees with any litigation so I canƵt guarantee that weƵre going to get any money because there are things a person can do to defend themselves, but I think we have a good shot,Ƶ Boggs said.
Spread out to five installments, parents had to pay between $775 and $1,199, depending on hotel occupancy for their students. The final installment was paid to the district, but had not been paid to the defendants before the trip was canceled and was distributed evenly to all those who were expected to take the trip. Because of this, some families did not receive back the full amount of their final installment.
The parents discussed creating more open communication regarding the lawsuit, and Hornbuckle-Myers said she could speak with the board about posting updates on the Cabell County Schools website or through other means.
By the end of the meeting, some parents expressed gratitude to Boggs for taking the case and informing the parents of the next steps. Jessica Walden also said if the issue was not resolved, she felt parents would come together and take legal action themselves.
ƵI believe that (Boggs) understands the issues that we have going on,Ƶ she said. ƵAnd I also feel very empowered I guess with the people that came together tonight that if this isnƵt dealt with properly and if the Cabell County Board of Education canƵt take care of this situation, then the whole thing about pursuing an attorney to take on the case further, to get representation, will occur.Ƶ
Sarah Ingram is a reporter for The Herald-Dispatch, covering public K-12 education. Follow her on Twitter @SIngramHD.
