Sexual Assault at Virginia Assisted Living Facility Ends in Huge Verdict
The owner of a Newport News, Virginia assisted living facility was hit with $750,000 damage verdict after charges were brought against a former CNA who was accused of sexually assaulting a mentally disabled man. Cote De Neige Home for Adults and its owner, Rose Potter, faced a lawsuit brought by 55 year old man's sister. The man suffered permanent internal damage and will need additional medical care.
The lawsuit accused the facility and Potter of failing to exercise "reasonable care" when they hired the CNA, Junious Boyd Batten. Batten had been charged with thirteen criminal offenses before and during the time he worked at the facility. He was found guilty of four: public intoxication, contempt of court, and two assault and battery charges. The lawsuit alleged that the facility "knew or should have known that (Batten) was unfit, unsuitable, untrustworthy, and incompetent for the position...and was likely to cause injury and harm to residents".
On May 28, 2009, a jury awarded compensatory damages of $500,000 and punitive damages of $250,000. The facility has since been closed, but the punitive damages cannot be wiped out, even if the owner files for bankruptcy.
Batten has been charged with five forcible sodomy charges, three carnal knowledge counts, and one abuse and neglect count involving the victim between late 2006 and mid-2007.
The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.
