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PENNSYLVANIA RECORD

Tuesday, September 17, 2024

Former Resident Alleges Negligence Led to Sexual Assaults at Senior Living Facility

State Court
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A shocking lawsuit has been filed against a senior living facility and its managing corporation, alleging severe negligence leading to multiple sexual assaults of a resident. The complaint was lodged by Dorothy Ibe in the Court of Common Pleas of Allegheny County, Pennsylvania, on July 24, 2024, targeting Asbury Health Center d/b/a Asbury Heights and UPMC Senior Communities, Inc.

Dorothy Ibe, represented by Ryan J. Duty from Senior Justice Law Firm, claims that during her stay at Asbury Heights from November 27 to December 4, 2023, she was sexually assaulted multiple times by a male resident known for wandering into other residents' rooms. According to the complaint, Ibe was admitted to the facility for rehabilitation after suffering a probable rib fracture due to a fall at home. The defendants are accused of failing to provide adequate supervision and care despite being aware of the male resident's propensity for such behavior.

The complaint details that on the evening of December 1, 2023, the male resident entered Ibe's room twice and groped her vagina while she screamed for help. A staff member intervened but did not check on Ibe’s well-being. The following afternoon, the same male resident fondled her breast before walking away when she screamed again. Despite Ibe calling 911 multiple times and reporting these incidents to staff members, clinical notes falsely stated there were no reports of physical altercations.

Ibe asserts that the defendants were fully aware of the male resident's severe dementia and his habit of wandering into other residents' rooms but failed to place him in a secured dementia unit. This negligence is attributed to cost-cutting measures aimed at maximizing profits at the expense of residents' safety. The lawsuit alleges that inadequate staffing levels and insufficient training led directly to Ibe’s assaults.

The plaintiff seeks compensatory damages exceeding $50,000 along with punitive damages for mental anguish, emotional distress, loss of dignity, and other injuries suffered due to the defendants' alleged negligence. She also demands systemic changes within the facility to prevent future occurrences.

Representing Dorothy Ibe is Ryan J. Duty from Senior Justice Law Firm. Defendants are represented by Katlin Connelly Zarisky from Gordon Rees Scully Mansukhani LLP for Asbury Health Center d/b/a Asbury Heights and Marian Patchen Cullen from Baum O’Connor Cullen Chmiel for UPMC Senior Communities Inc. The case is presided over under Case ID GD-24-005012 in the Court of Common Pleas of Allegheny County.

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