CHARLESTON – The family of a 6-year-old autistic boy who allegedly was grabbed by the neck and slammed to a classroom floor at Dunbar Primary School has reached a confidential settlement with a school employee and the Kanawha County Board of Education.
Cary
Financial terms of the settlement were not disclosed.
Ashley Strobel-Cleveland and David Woody filed the lawsuit last year on behalf of their son, identified in court filings as B.W. The complaint named school employee Willie Washington and the school board as defendants.
The child is nonverbal and has been diagnosed with Level 3 autism spectrum disorder and pica. He depends on school personnel for supervision, assistance and protection throughout the school day.
The lawsuit alleged classroom surveillance footage showed Washington grabbing the child, screaming in his face, forcefully grabbing him by the neck and slamming him to the floor. The family alleged the boy suffered physical injuries, bruising and significant emotional trauma.
The family brought claims alleging disability discrimination, negligent hiring and supervision, negligence and intentional infliction of emotional distress, according to Cary’s announcement.
Attorney Michael Cary, who represented the plaintiffs, said the case reflected his firm’s commitment to representing families confronting powerful institutions.
“At Cary Law Office, we believe in David versus Goliath,” he told The West Virginia Record. “We represent the Davids. We stand with ordinary families when they find themselves up against powerful institutions, corporations and individuals who believe they are too big to be held accountable. …
“Our job is to give those families a voice, level the playing field, and make sure they are not pushed aside simply because the other side has more money, more power or more resources.
“We fight for the people who need someone in their corner. That’s what we do.”
The case was assigned to Circuit Judge David Hardy.
Kanawha Circuit Court case number 25-C-1059
