Sexual Abuse of Vulnerable Adult Alleged in Lawsuit Against St. Paul Assisted Living Facility July 30, 2009 Attorney Mark R. Kosieradzki today filed a lawsuit against the owners and operators of an Assisted Living Facility in St. Paul, known as “The Wellington.” The lawsuit is brought on behalf of a vulnerable adult who resided in the facility, an 81-year old female with dementia. She was sexually abused by The Wellington’s maintenance caretaker. “This is a classic case of disregard for a vulnerable adult’s rights and safety,” said Kosieradzki. “Sexual abuse of assisted living residents by facility staff is a well known hazard in the field, and is a foreseeable risk for operators of an assisted living facility.” Kosieradzki alleges that the owners and operators of The Wellington violated their duty to provide the vulnerable adult with a safe living environment and protection from abuse while entrusted to their care. The Wellington comprises 100 apartments and 9 “care suites” in a ten-story building, located at 2235 Rockwood Avenue. The lawsuit also names Scott Werb as a defendant. Werb was hired as a maintenance caretaker at The Wellington in March 2007. Thereafter, Werb’s superiors discovered that the set of master keys was missing. The set of keys provided access to every resident’s apartment. The lawsuit alleges that The Wellington failed to take reasonable protective measures after the master key set was taken by Werb. On August 8, 2007, Werb entered the apartment of Annie Rabin using the missing set of master keys. Another worker at the facility walked into the room and discovered Werb, naked and on top of Ms. Rabin. Due to her compromised mental condition, Ms. Rabin was incapable of consenting to Werb’s sexual contact with her. The lawsuit alleges that The Wellington defendants concealed the true facts of Werb’s wrongful conduct, and misrepresented the nature of the event to Ms. Rabin’s family and power of attorney. The Wellington’s management did not report the incident to the police and other authorities until the following day, fifteen hours after the incident. The Wellington’s management warned personnel with knowledge of Werb’s conduct that they risked being fired if they discussed the event with anyone. The lawsuit was filed in Ramsey County District Court. It alleges that Werb intentionally caused harmful or offensive contact with Ms. Rabin and that Werb acted unreasonably. The lawsuit further alleges that The Wellington defendants are responsible for the conduct of their employee, Werb, and that they knew, or should have known, that Werb created a threat of injury to the vulnerable adults entrusted to The Wellington’s care. Despite this knowledge, the suit alleges, The Wellington retained Werb in a position that afforded him access to the facility’s vulnerable adults and their living quarters. Contact Information: Mark R. Kosieradzki (763) 746-7800 |
