Date: 08-16-2000

Case Style: Jane Doe, as guardian of Jane Doe, Jr. v. Lake Drive Nursing Home, Inc. and Jim Smart, et al.

Case Number: CJ-96-****

Judge: John Malley

Court: District Court, Okmulgee County, Oklahoma

Plaintiff's Attorney: N. Franklyn Casey of Casey and Jones,Tulsa, Oklahoma; Jim Lloyd of Lloyd and Lloyd; and Nancy Lloyd of Lloyd and Lloyd, Sand Springs, Oklahoma

Defendant's Attorney: Frank Austin, Oklahoma City, Oklahoma

Description: Plaintiff alleged that the Intermediate Care Facility for the Mentally Retarded was grossly negligent when its employees allowed a man to take an incompetent to clean his home. The Defendant failed to advise the male employer of the special needs and vulnerabilities of the young woman resident. The Plaintiff's daughter was a thirty-two year old attractive woman who was born with congenital hydrocephelus and suffered from a seizure disorder. The employer admitted that he had sexual intercourse with the young woman. The Department of Human Services made a finding that the young woman had been financially exploited by the Defendant Intermediate Care Facility for the Mentally Retarded. The Plaintiff's daughter was a "Hissom Memorial" class member, although it was not until after the lawsuit was filed that the young woman was adjudicated to be legally incompetent in a Tulsa County guardianship proceeding. After a three day competency trial, the trial court, in June, 2000, made a finding that the young woman was competent to consent to sex. The defendant was insured by Western World Insurance Company, Inc. and had an exculsion provision for any harm caused by sex due to negligence or otherwise. Western World filed a declaratory judgment suit in the U.S. District Court for the Western District of Oklahoma seeking to determine that the Defendant's actions are not covered by its policy.

Outcome: Plaintiff accepted $650,000.00 from Western World Insurance Company, Inc. and the individual defendants contributed $0 and all defendants continue to contest liability. Plaintiff filed a dismissal with prejudice as to all defendants.

Plaintiff's Experts: Byron Arbeit, TASA Expert Consultants

Defendant's Experts: Dr. Russell Adams, Oklahoma City, Oklahoma and Dr. Lynn Daurell, Indiana

Comments: Unknown