Habush Habush & Rottier Secures $4 Million Verdict in Kenosha Assisted Living Misconduct
KENOSHA, Wis. — Lead Attorney Benjamin Wagner, with co-counsel Attorney Molly Lavin, secured a $4 million punitive damage verdict for the wrongful death of Helen Ende, an 89-year-old woman with dementia who froze to death after wandering outside a Kenosha assisted living facility in December of 2022. A Kenosha County jury found Parkside Manor, the assisted living community, guilty of intentionally disregarding the safety of Ende, ultimately leading to her death.
Helen’s son, Brian Ende, said, “I just had so much weight taken off of me. After a nearly two-year ordeal, we finally got the verdict that we had hoped for,” in a statement to the Milwaukee Journal Sentinel.
Despite setting off a door alarm while leaving the building, Helen Ende was missing for approximately seven hours before staff had realized. Facility policy states workers must account for all residents and inspect the grounds outside after the alarm sounds. The three workers on duty did not follow this policy; one worker had even left the building for a few hours during his shift, according to court records.
Wagner argued that employee misconduct of this nature was a recurring issue that Parkside Manor officials were aware of. The verdict holds Parkside Manor and its parent company, Encore Senior Living, financially responsible for this misconduct. In his closing statement, Wagner argued that Ende’s death happened “because [Encore] broke every promise made to Brian Ende. Their conduct was deliberate. It was an intentional disregard for safety rights.”
Encore Senior Living operates over a dozen other senior living facilities throughout Wisconsin. Both Brian Ende and Wagner expressed that better regulations and penalties against assisted living facilities are needed to ensure safety at care facilities throughout Wisconsin. Referring to the damages awarded, Wagner stated, “It’s enough to deter not only Encore but other[s] [assisted living facilities] in the industry throughout Wisconsin, to be better. This conduct cannot be tolerated.”
NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.
