PITTSBURGH – A Western Pennsylvania woman who alleged she was the victim of two separate incidents of sexual molestation by a fellow resident of a nursing facility she was admitted to last year for treatment of advanced dementia, may receive a default judgment.
Louella Benden of Bridgeville (by and through her attorney-in-fact, George A. Bokelberg, of New Orleans, La.) first filed suit in the Allegheny County Court of Common Pleas on Aug. 1 versus Asbury Health Center (doing business as “Asbury Heights) of Mount Lebanon.
At the time of the events in question, the suit explained Benden was admitted to the defendant’s skilled nursing facility while suffering from advanced dementia.
“On May 28, 2021, nurse Shannon Jennings discovered a male resident in plaintiff Benden’s room with his hand in her shirt. A note in Benden’s chart dated May 28, 2021 states: ‘Cont. to monitor and prevent residents from wandering into her room. Working with nursing staff, Don, program manager and psych to develop interventions to decrease male residents’ disinhibited hyper-sexual behavior,” the suit said.
“On May 30, 2021, nurse Tracie Igoe noted in Benden’s chart that that the nurse was notified by a CAN that a male resident was in Benden’s room with the curtain pulled and his hands were down the front of her brief. Based on information, it is believed that the same resident which sexually molested Benden on both May 28 and May 30, 2021.”
The suit added that the same man which molested Benden committed similar acts against another female resident prior to the dates in question.
“Solely as a result of the negligence of the defendant, acting through its agents, ostensible agents, servants and/or employees, Benden was subjected to being sexually molested on two separate occasions. As a result of defendant’s negligence in causing injuries to Benden, she suffered non-economic losses and damages, including emotional pain and suffering, mental anguish, stress, embarrassment and humiliation,” the suit stated.
UPDATE
On Oct. 27, plaintiff counsel sent a notice to the defendant that they may be found in default, if they were not to respond to the case within the following 10 days.
“You are in default because you have failed to take action required of you in this case and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights,” plaintiff counsel’s notice stated.
“You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee.”
For counts of negligence and corporate negligence, the plaintiff is seeking damages in excess of the arbitration limits of Allegheny County, plus punitive damages, costs, interest and any other relief the Honorable Court deems appropriate under the circumstances.
The plaintiff is represented by Richard C. Levine of Ainsman Levine, in Pittsburgh.
The defendant has not yet retained legal counsel.
Allegheny County Court of Common Pleas case GD-22-009499
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com