Daughter claims Heritage Center failed to prevent mother's alleged sexual assault

By Lhalie Castillo | Feb 7, 2018

HUNTINGTON – An Ohio woman alleges her mother was sexually assaulted at a Huntington nursing home.

Rebeca Wilburn, as full guardian and conservator of Dicie Kirby, filed a complaint Jan. 17 in Cabell Circuit Court against 101 13th St. Operations LLC, doing business as Heritage Center, and Genesis Healthcare LLC alleging negligence and other counts.

According to the complaint, the plaintiff alleges that during Dicie Kirby's residency at defendants' facility, she suffered multiple falls that resulted in a left radius fracture, a right fifth proximal phalanx fracture, skin tears and unexplained bruises and contusions. The plaintiff also claims Kirby was sexually assaulted on or about June 3, 2017, and that the defendants failed to prevent it. 

The plaintiff holds 101 13th St. Operations LLC and Genesis Healthcare LLC responsible because the defendants allegedly failed to provide adequate supervision and failed to provide an environment free of accident hazards.

The plaintiff requests a trial by jury and seeks all damages as allowed by law, attorney's fees, costs and any further relief as the court sees fit to award. She is represented by Jeff D. Stewart, Andrew L. Paternostro and S. Andrew Stonestreet of Stewart Bell PLLC in Charleston. The case has been assigned to Circuit Judge Alfred E. Ferguson.

Cabell Circuit Court case number 18-C-84

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Cabell Circuit Court Stewart | Bell PLLC

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