Professional Negligence Law Reporter

Helen Ende, an 89-year-old woman who suffered from dementia, was a resident of Parkside Manor. She froze to death when she left the facility and remained outdoors in freezing temperatures for approximately seven hours before staff realized she was gone. She is survived by her son.

Ende’s son, on behalf of her estate, sued Parkside parent company Encore Wisconsin, LLC, alleging its staff intentionally disregarded Ende’s rights and was liable for its staff members’ intentional behavior. The plaintiff asserted that facility policy requires workers to account for all residents and inspect the grounds after an alarm sounds but that the three workers who were on duty during Ende’s elopement failed to follow this policy. Moreover, the plaintiff claimed that one of the facility’s workers had left the building for a few hours during his shift.

The jury awarded $4 million in punitive damages.

Citation: Ende v. West Bend Mut. Ins. Co., No. 2023CV000182 (Wis. Cir. Ct. Kenosha Cnty. Nov. 21, 2024).

Plaintiff counsel: AAJ member Benjamin Wagner, Milwaukee; and AAJ member Molly Lavin, Waukesha, Wis.