Jury awards almost $2 million in sexual assault case

WILLIAMSON - Jurors in Mingo Circuit Court have awarded almost $2 million to the brother of a mentally retarded man who was allegedly sexually assaulted by a fellow resident at the Lando Exceptional Individual Center.

Of the $1.85 million award, $1.5 million is for compensatory damages and $350,000 is for punitive damages.

James Paul Baisden claimed that he was assaulted mutltiple times before October 2003 in a lawsuit that was filed officially by his brother Orville. The suit was brought against Logan-Mingo Area Mental Health, Inc., the operator of Lando.

The Baisdens alleged Logan-Mingo failed to protect James Baisden, 58 at the time, from sexual assault, which caused him to suffer physical and emotional injuries.

He still lives at the center despite alleging that staff told him he could no longer visit his brother after he spoke with them about the assault. Orville is reportedly looking for another home.

Williamson attorney Miki Thompson represented the Baisdens. Charleston attorney Erik Engle worked for Logan-Mingo and reportedly expects his client plans to appeal.