Professional Negligence Law Reporter
You must be a Professional Negligence Law Reporter subscriber to access this content.
If you are a member of AAJ's Professional Negligence Section or a subscriber, log in below. Not yet a Section member? Join today!
Join the Professional Negligence SectionAlready a subscriber? Log in
Sexual Assault by Fellow Resident
January/February 2019McLaughlin v. Garden Spot Village, No. CI-2014-01922 (Pa. Ct. Com. Pl. Lancaster Cnty. May 3, 2018).
Roe, a nursing home resident with a history of criminal sexual violence, became friendly with fellow resident Doe, an 82-year-old woman who suffered from dementia. Concerned, staff at the Maple Farm Nursing Home discussed the situation with the county office of aging and agreed to keep Doe and Roe separated. Nevertheless, the nursing home failed to do so. Early one morning, Roe went to Doe’s room and sexually assaulted her. Police were summoned to the home, and Roe admitted to the assault.
Doe, through a representative, sued the home, its parent company and Roe, alleging liability for the sexual assault. The plaintiff also alleged negligent supervision and security. Contrary to the nursing home’s policies, the plaintiff claimed, staff had allowed Doe and Roe to spend time together alone in a room. The jury awarded $7.5 million, apportioning liability at 47.5 percent to the nursing home, 37.5 percent to the parent company, and 15 percent to Roe. Before the punitive damages phase of trial, the parties settled for $6.75 million.
Plaintiff counsel: AAJ member Carl Wilander, Tampa; and Matthew Stone and AAJ member Lorraine Donnelly, both of Philadelphia.
Plaintiff experts: Terri Antionette, geriatric nursing, West Alexander, Pa.; Richard Dupee, geriatric medicine, Boston; and Ann Wolbert Burgess,
sexual assault, Chestnut Hill, Mass.