GREEN BAY, WI (WTAQ-WLUK) – The owner of an assisted living facility has denied any wrong-doing in a lawsuit by the guardian of a patient who alleged a resident was sexually assaulted.
The lawsuit, filed by the guardian of a woman identified as “Jane Doe,” alleges she was assaulted by another resident at Caraton Commons-De Pere in April. The 57-year-old victim has Down syndrome and Alzheimer’s disease.
The lawsuit alleges Caraton Commons’ owner, Assisted Living by Hillcrest, knew of the other resident’s history of sexually inappropriate behavior. Hillcrest is accused of doing nothing to control the man’s behavior or protect other residents, except to move the man to another building. The lawsuit further claims that “Jane Doe” suffered physical injuries and emotional distress. According to the lawsuit, workers at Caraton Commons knew of the assault, but did not report it to law enforcement; instead, they cleaned up “Jane Doe” and locked the door to her room.
In a 16-page response filed in Brown County court, Assisted Living by Hillcrest offered several affirmative defenses, including:
- these answering defendants hereby allege that any injuries or damages sustained by the plaintiff may have been the result of a preexisting or subsequent medical condition or disease process, or the result of a superseding or intervening cause, over which defendants had no control
- these answering defendants hereby allege that the plaintiff’s alleged damages may have been caused by individuals other than defendants
- these answering defendants hereby allege that the injuries and damages, if any, sustained by the plaintiff may have been caused by persons and/or events over which these defendants had no control
Assisted Living by Hillcrest also asks for the case to be dismissed.
No hearings have been scheduled.
