A McLouth woman has filed a lawsuit against Community Living Opportunities Inc. alleging her son, who had mental and physical disabilities, died in 2010 because of injuries he suffered at a west Lawrence residential facility.
Leaders of Community Living Opportunities, or CLO, are denying the lawsuit’s claims.
The suit filed in Douglas County District Court on behalf of Josephine VanDruff claims an employee of CLO’s Monterey Way
Cottage on Feb. 16, 2010, was transporting her son, Timothy D. Gibson. Due to Gibson’s physical abilities, he needed assistance to move or walk.
“The employee transporting (Gibson) did so in a negligent manner that failed to meet the accepted standard of care,” VanDruff’s attorney Michael Sexton wrote in the suit. “As a direct and proximate result of the negligence of defendant’s agent, servant or employee, (Gibson) was caused and/or allowed to fall.”
As a result of the fall, Gibson suffered from quadriparesis, a muscle weakness affecting all four limbs, and he died about two months later, “as a direct and proximate result of the injury,” according to claims in the lawsuit.
According to his obituary in the Journal-World, Gibson was 51 and died April 6, 2010, at Hillside Village Nursing Home in De Soto.
CLO officials said they would fight the allegations in court.
“Tim was well-loved, and he was well cared for for over two decades at CLO up to the day that he left,” Chief Executive Officer Mike Strouse said. “We are not in agreement, of course, in any of the claims.”
Strouse said CLO has operated the small residential facility at 1121 Monterey Way since 1991.
In the suit, Sexton wrote that VanDruff suffered mental anguish, suffering and bereavement because of her son’s death and also incurred expenses for his funeral and burial. VanDruff is seeking monetary damages in excess of $75,000.
Chief District Judge Robert Fairchild has not scheduled any hearings in the case.