Family of autistic child who wandered from school settles suit

CHARLESTON – The family of a nonverbal child with autism has reached a confidential settlement in a lawsuit alleging she left a Charleston elementary school unnoticed, crossed a busy intersection and wandered near the Kanawha River.

The case stemmed from a September 3, 2025, incident at Mary C. Snow Elementary School. The lawsuit was filed a few weeks later in Kanawha Circuit Court by Marie Tuttle and Mark Thompson, parents of the girl identified only as N.T.

Terms of the settlement were not disclosed. Charleston attorney Michael Cary of Cary Law Office represented the plaintiffs.

“This case was about a parent’s most basic expectation: that when they entrust their child to a school, that child will be protected and supervised,” Cary told The West Virginia Record. “This little girl could not advocate for herself or communicate the danger she was in.”

According to the complaint, the child was in an art classroom under the supervision of the unnamed employee when she left unnoticed. She exited the building, passed beyond a fence surrounding the school and crossed a heavily traveled intersection before reaching the riverbank.

A Charleston city employee found her alone near the water and called emergency services, the complaint alleged. The law firm said she was returned safely.

The parents alleged school personnel knew their daughter had a history of leaving supervised areas, a behavior known as elopement, but failed to adequately monitor her or secure the school grounds. The complaint also alleged school staff did not realize she was missing before the city employee found her.

Cary said the family repeatedly had sought safety accommodations that were not adequately incorporated into the child’s individualized education program.

The lawsuit alleged disability discrimination under the West Virginia Human Rights Act, negligence, and negligent hiring, supervision and retention. It sought compensatory and punitive damages, attorney fees and other relief.

Kanawha Circuit Court case number 25-C-1092