Story originally printed in the Tomah Journal or online at www.tomahjournal.com
Published - Sunday, October 16, 2005
Lawsuit filed in alleged Rolling Hills assault
A lawsuit stemming from an alleged sexual assault at Rolling Hills Nursing Home earlier this year was filed in Monroe County Circuit Court Oct. 5.
The lawsuit was filed by La Crosse attorney Tom Fitzpatrick on behalf of Richard Ballard and Greta M. Ballard, who was allegedly assaulted Feb. 25 by James G. Doeslaere, a former aide at Rolling Hills.
The lawsuit names Doeslaere, Rolling Hills Nursing Home, Rolling Hills Administrator Gene Schwarze, Monroe County and the county’s insurance carrier, Aegis Corpor-ation. The lawsuit alleges negligence, assault and that Greta Ballard’s civil rights were violated while she was a resident at Rolling Hills.
Greta Ballard also suffers from Alzheimer’s disease.
Doeslaere, 47, faces two counts of second degree sexual assault in a treatment facility, which are Class C felonies, and one count of intentional abuse patients-cause bodily harm.
According to the lawsuit, Greta Ballard’s civil rights were violated when Doeslaere was hired with Schwarze’s approval.
“Gene Schwarze and Rolling Hills Nursing Home knew, or should have known, that it was not safe for nursing home residents if James G. Doeslaere was hired as an aide at Rolling Hills Nursing Home,” the lawsuit states.
It continues, “By hiring James Doeslaere as an aide who was able to be alone with Greta M. Ballard in her room in the vulnerable condition in which she was, Monroe County, Rolling Hills Nursing Home and Gene Schwarze created or significantly enhanced the danger of Greta M. Ballard being physically assaulted.”
The lawsuit states that Schwarze and Rolling Hills were, “negligent in failing to properly screen nursing home staff, to supervise and to train them to protect vulnerable residents in their custody...”
It states that Greta Ballard has incurred medical expenses, suffered pain, emotional distress, embarrassment and psychological injuries because of the alleged assault. The lawsuit contends that Richard Ballard “suffered a loss of society and companionship and endured substantial emotional distress...”
The county has 45 days to respond from the day it was filed. There was no monetary amount listed in the complaint. The Ballards are seeking punitive damages from the county, Aegis Corporation, Rolling Hills and Schwarze. No amount was specified in the complaint.
According to the criminal complaint filed earlier this year, Schwarze contacted Monroe County Detective Jeff Sullivan on Feb. 25 to report a “possible sexual assault” that happened earlier that morning. Schwarze said the alleged assault was reported by another Rolling Hills employee.
The employee told Schwarze she was working with Doeslaere on the night of the alleged assault. The employee said she was looking for Doeslaere and was unable to locate him.She came to the woman’s room and looked through a “peep hole” and saw Doeslaere “straddling” the woman and “leaning over her.” The witness said she recognized Doeslaere due to his ponytail and physical build. The employee said Doeslaere was the only male employee on duty that night in what is called a lock down unit.
Kerry Sullivan-Flock, Monroe County corporate counsel, had no comment about the lawsuit.
The employee said, “she was in shock and felt bad that she didn’t enter the room, but she was shocked and scared and didn’t know what to do.”
The witness then told another employee.
On Feb. 28 Sullivan spoke with Doeslaere, who initially denied the assault, saying he only helped the woman to a restroom, then back to her bed. Sullivan then told Doeslaere that an employee witnessed the assault. Doeslaere then told Sullivan, “I ----ed up,” and explained details of the assault.
A review hearing is scheduled for Nov. 7, 9 a.m. in circuit court for Doeslaere on the Feb. 25 assault charges.
All stories copyright 2006 Tomah Journal and other attributed sources.