CHARLESTON – A Cabell County woman alleges her sister was sexually assaulted while in the care of a day facility.
Jesse F. White, as guardian and conservator of L.T., a protected person filed a complaint Oct. 6 in Kanawha Circuit Court against the Res-Care Inc., RSCR West Virginia Inc., VOCA Corp. of America, et al. alleging negligence.
According to the complaint, the plaintiff is the sister and guardian of L.T., who is cognitively and intellectually challenged. The suit states that L.T. participated in the day programs at Green Acres Regional Care, which was purchased by the ResCare defendants sometime after 2008.
The plaintiff alleges that while under the supervision of the defendants, L.T. was inappropriately touched, sexually assaulted and sexually harassed. She alleges contracted a sexually transmitted disease leading to other gynecological problems and complications, which was not discovered until September 2015.
The plaintiff holds Res-Care Inc. RSCR West Virginia Inc., VOCA Corp. of America, et al. responsible because the defendants allegedly failed to provide L.T. with reasonable and proper supervision and failed to property train, supervise and/or manage employees.
The plaintiff requests a trial by jury and seeks judgment against defendants, jointly and severally, for damages in excess of the jurisdictional limits of the court; interest; costs; attorney fees and all other relief that is just under the circumstances. She is represented by Robert B. Warner, Lynnette Simon Marshall and Andrew D. Byrd of Warner Law Offices PLLC in Charleston. The case has been assigned to Circuit Judge Carrie L. Webster.
Kanawha Circuit Court case number 17-C-1385