03-25-2004Res-Care, a local residential care center for the mentally retarded, is being sued in Kosciusko Superior Court 1 for negligence, breach of duty and premises liability.
According to the suit, Patricia Hubert, now deceased, moved into a Res-Care facility Jan. 21, 2003. Hubert suffered from a neurological disorder characterized by frequent seizures and was mentally retarded.
Concerns were raised regarding Hubert living in the Res-Care facility because it is a bi-level home. Hubert’s family and government representatives questioned Hubert’s safety around a staircase because of her frequent seizures.
They reportedly were assured that Hubert never would be on or near the stairs without the guidance of a certified staff member and so it was agreed that Hubert would go into Res-Care’s care.
“... Had Ms. Brummett (Indiana Bureau of Developmental Disabilities Services) not been assured by Res-Care that Hubert would be monitored by a Res-Care employee at all times while she was on the stairs, Ms. Brummett would not have approved her placement at Res-Care,” the suit states.
Exactly one month after her placement, and 13 seizures later, the suit alleges Hubert had a seizure at the top of the facility’s stairs, fell down the stairs and fractured her neck. She was a quadriplegic and on a ventilator until her 2004 death. She died from an unrelated illness.
Hubert was not supervised at the time of her fall because, according to the suit, a Res-Care employee failed to appear for work that day. Two employees should have been on duty, and only one was in the house.
For injuries, loss and damages, the family is requesting unspecified monetary compensation awarded by jury.
The suit also alleges premises liability violations, saying Res-Care failed to comply with all building code regulations. Specific examples noted are Res-Care’s failure to supply a landing on top the stairs and insufficient hand rails on the stairs.
The family also requests compensation for the losses and suffering caused by these alleged violations.