Lawsuit Filed After Autistic Child Allegedly Leaves Lexington Elementary School Unnoticed and Is Found Running Along New Circle Road

LEXINGTON, KY — March 11, 2026

Attorneys have filed a lawsuit in Fayette Circuit Court on behalf of a Lexington family after a seven-year-old child with autism allegedly left Meadowthorpe Elementary School unnoticed and was later found running along the shoulder of New Circle Road.

The lawsuit was filed on behalf of Leslie Weston, as parent and next friend of P.W., a minor, against the Fayette County Board of Education and multiple school officials and staff members.

According to the complaint, P.W., who is diagnosed with autism and is predominantly nonverbal, arrived at the school’s moderate-to-severe disabilities classroom as part of his daily schedule on November 17, 2025.

The lawsuit alleges that at approximately 12:33 PM, the child climbed out of an open classroom window and exited the building without any staff noticing his absence.

“Schools are entrusted with the safety of some of the most vulnerable members of our community,” said attorney Masten Childers, lead counsel in the case. “When a child with known supervision needs is able to leave a classroom, exit a school building, and ultimately reach a major roadway without anyone realizing it, that represents a serious breakdown in the systems designed to protect students.”

According to the complaint, after leaving the classroom the child remained outside school supervision for approximately 40 minutes before staff reported him missing.

During that time, the child allegedly roamed the school grounds and eventually discovered a hole in the fence line separating the school property from New Circle Road, a heavily trafficked Lexington roadway.

The complaint states the child crawled through the fence and began running along the shoulder of New Circle Road, which at the time was an active construction zone.

Concerned citizens called 911 after seeing a young child alone near traffic, and Lexington Animal Care and Control personnel ultimately secured the child before police arrived.

“This situation could have ended in tragedy,” said attorney Justin Peterson, co-counsel for the family. “The fact that this child was ultimately found safe is due to the intervention of strangers and first responders — not because the school realized he was missing.”

The lawsuit further alleges that the classroom where the child was assigned had previously identified safety concerns related to the window. According to the complaint, school staff had requested a lock be installed approximately one month prior to the incident, but the window remained unsecured.

The complaint also alleges the classroom was equipped with emergency communication tools, including radios and emergency alert systems, but none were utilized during the time the child was missing.

“Children with developmental disabilities often require additional safeguards and supervision,” said attorney Kaci Christopher, who also represents the family. “Families deserve to know that when their child is entrusted to a school’s care, reasonable protections are in place to keep them safe.”

According to the complaint, Child Protective Services later conducted an investigation and substantiated findings of abandonment, supervision neglect, and threat of physical abuse related to the incident.

The lawsuit alleges negligence and related claims against the defendants and seeks damages on behalf of the child.

The family has requested a jury trial in Fayette Circuit Court.

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About Peterson Law Office

Peterson Law Office, PLLC is a Lexington-based personal injury law firm representing individuals and families across Kentucky in serious injury, medical malpractice, and wrongful death cases. The firm regularly handles complex litigation and has recovered substantial results for clients through both jury verdicts and settlements. Peterson Law is dedicated to advocating for those harmed by negligence and ensuring accountability through the civil justice system.