USA: Elderly Nursing Home Rape Victim Gets $1.1 Million

NICHOLSON, Tennessee (The New Age Examiner), May 31, 2006: A federal judge ruled that a former Nicholson woman who was raped while a resident of a nursing home in 2002 should receive $1.1 million from the home and its owner. The woman, who is now 90 and living in Tennessee, and her son sued Country Living Personal Care Home, Nicholson, and its owner, Shirley D. Sheridan, of Montrose. Their suit alleged that the home and Sheridan were negligent because they allowed Daniel Statham, then 31 and a convicted sex offender, to become a resident of the home but did not notify other residents or their families about his background. They also claimed that Sheridan and employees at the home took no precautions to ensure the safety of the other residents. U.S. Magistrate Judge Thomas M. Blewitt agreed that Sheridan and the staff at the nursing home knew about Statham's behavior after he moved into the nursing home and did nothing to remove him or to protect the other residents, nor did they report the rape in a timely fashion. "We find the defendants' conduct is indefensible," he wrote in his opinion. "Defendants turned a blind eye to Statham's known inappropriate behavior time and time again." Even so, Judge Blewitt said he did not believe the woman suffered "any lasting memories or effects from the rape due to her moderate states of Alzheimer's disease." On October 21, 2002, Statham pleaded guilty to aggravated indecent assault, admitting that he'd had sex with the woman twice at the home. It is the Times-Shamrock news organization's policy not to publish the names of sexual assault victims. The victim's attorney, Sheridan's attorney and Sheridan did not return calls seeking comment. By Erin Nissley, Times-Shamrock Writer © The New Age Examiner 2006