Fayette school board asks for review of Maner decision

kward1@herald-leader.comAugust 19, 2009 

The Fayette County Board of Education is asking the state Supreme Court to conduct a discretionary review of the case in which Carol Lynne Maner was awarded a $3.7 million judgment.

A Fayette Circuit Court jury awarded Maner the judgment in 2007, after she filed a lawsuit alleging that she was sexually abused by four teachers, a guidance counselor and an assistant principal at Beaumont Junior High School and Lafayette High School while she was a student in the late 1970s and early 1980s, and that district administrators did nothing to stop the abuse.

The Kentucky Court of Appeals upheld the decision in May and in July denied the school district's request to reconsider.

In its motion for discretionary review by the Supreme Court, the district questions whether the statute of limitations should have been applied to Maner's case; suggests that the court of appeals misconstrued the law on one issue; and argues that the appeals court wrongly shifted the burden of proof by requiring the school district to show that it responded appropriately to Maner's allegations.

Two teachers whom Maner accused of abuse were criminally charged. One was found guilty and the other accepted a plea agreement.

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