CHARLESTON — A mother and her daughter are suing a nursing care facility, citing alleged battery, negligence and reckless hiring, training and supervision.
D.L., the mother of a mentally incapacitated adult, filed a complaint May 1 in Kanawha Circuit Court against REM Community Options, LLC; and REM Community Options employee Phillip Mark Twyman alleging that the defendants breached their duty to provide assistance and care to residents and patients.
According to the complaint, between July 2016 and January 2017, D.L.'s daughter, J.L., was repeatedly sexually assaulted while she was under the care of the defendants. In addition, the plaintiffs alleged that the facility failed to supervise J.L.
As a result, the complaint alleged that J.L. contracted a sexually transmitted disease and has tested positive for reactive-stage HIV.
The plaintiffs claim the defendants failed to take responsible and prudent steps to prevent assault under their care and failed to protect residents against sexual assault.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, interest, costs and attorney's fees. They are represented by Ben Salango of Preston & Salango, PLLC in Charleston.
Kanawha Circuit Court case number 18-C-S93
