Attorneys Thom Boggs, right, and Katee Nelter, representing the Cabell County Board of Education in Cabell County Board of Education v. Eric Morrison et. al, listen during a hearing in Cabell County Circuit Court on Monday, Jan. 13, 2025.
Attorney Clint Smith, representing the defendants of Cabell County Board of Education v. Eric Morrison et. al, speaks during a hearing in Cabell County Circuit Court on Monday, Jan. 13, 2025.
Attorney Clint Smith, representing the defendants of Cabell County Board of Education v. Eric Morrison et. al, listens during a hearing in Cabell County Circuit Court on Monday, Jan. 13, 2025.
Attorneys Thom Boggs, right, and Katee Nelter, representing the Cabell County Board of Education in Cabell County Board of Education v. Eric Morrison et. al, listen during a hearing in Cabell County Circuit Court on Monday, Jan. 13, 2025.
Attorney Clint Smith, representing the defendants of Cabell County Board of Education v. Eric Morrison et. al, speaks during a hearing in Cabell County Circuit Court on Monday, Jan. 13, 2025.
Attorney Clint Smith, representing the defendants of Cabell County Board of Education v. Eric Morrison et. al, listens during a hearing in Cabell County Circuit Court on Monday, Jan. 13, 2025.
HUNTINGTON Ƶ The trial in a civil lawsuit filed by Cabell County Schools regarding a school trip that was canceled due to the COVID-19 pandemic was postponed in Cabell County Circuit Court on Monday.
The lawsuit was filed on behalf of the board in September 2022, more than two years after Barboursville and Milton middle schools made arrangements to travel to Washington, D.C., in the spring of 2020, The Herald-Dispatch previously reported.
According to the lawsuit, defendants Eric Morrison and E.T. Advisor Services LLC, who were contracted to make the travel arrangements, did not refund the $136,500 already paid toward the trip by the families of the students after the trip was canceled.
The lawsuit accuses the defendants of civil theft, unjust enrichment/restitution and fraud.
Attorney Clinton Smith, representing the defendants, attempted to dismiss the lawsuit in August, although his motion was denied by Cabell County Circuit Judge Gregory Howard and a trial was set.
Although Smith noted the original contract stated there would be no refunds for the families, attorney Thom Boggs, representing the board, argued in August it is ƵunjustƵ for the defendants to keep the money when the trip never happened due to unforeseen circumstances. He also told reporters following the August hearing the defendants were refunded the money used to pay for the trip and should therefore give it back to the families.
On Monday, Boggs told Howard he has made continued requests for depositions, or out-of-court testimonies, including one from Eric Morrison which he said had not yet been completed.
Howard said the depositions should be completed within the next 30 days so the trial can move forward.
Both Smith and Boggs said a mediation might be possible.
If the parties are unable to reach an agreement before the case proceeds to trial, the pretrial was rescheduled for 11 a.m. June 2 in HowardƵs courtroom two. The trial was rescheduled for June 24.
Katelyn Aluise is an education and court reporter.
Keep it Clean. Please avoid obscene, vulgar, lewd,
racist or sexually-oriented language. PLEASE TURN OFF YOUR CAPS LOCK. Don't Threaten. Threats of harming another
person will not be tolerated. Be Truthful. Don't knowingly lie about anyone
or anything. Be Nice. No racism, sexism or any sort of -ism
that is degrading to another person. Be Proactive. Use the 'Report' link on
each comment to let us know of abusive posts. Share with Us. We'd love to hear eyewitness
accounts, the history behind an article.
