Law firm files suit against Brookdale on allegations it didn't protect 95-year-old from rapist

Action News at 6:00 p.m.

A lawsuit has now officially been filed against Brookdale Atrium Way.

Back in November, Action News Jax told you a local family is accusing the assisted living facility of not protecting their 95-year-old mom from a rapist.

Tom Edwards, of Edwards & Ragatz says their lawsuit comes after 75 days of not getting any cooperation from Brookdale.

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“We’ve been unable to bring them to the table. They have not given us information that they’re required by law to give us,” said Edwards.

Action News Jax spoke to the victim’s daughter, Myra, in November. She described her mom as being shut down and removed from society following the alleged attack.

“She said, ‘He hurt me down there, and I wish I had died,” Myra said.

The victim, whom we are not naming because she’s potentially a victim of sexual battery is now at a different senior living facility, but her health is quickly deteriorating.


Edwards accuses Brookdale of taking advantage of that.

“This long-term care facility is going to try to use our client’s age as an advantage, and they’re going to drag the case out and hope she dies,” said Edwards.

Action News Jax asked Brookdale about this specific allegation and whether they had any comment about the lawsuit, but a spokesperson sent us this statement:

“As a matter of company policy, we do not comment on pending litigation, thus we cannot comment on the attorney’s remarks in regard to the lawsuit.”

Edwards said he wants the company to step up.

“The family has asked them to come to the table and resolve it reasonably now, so they can use that money to care for her and make her comfortable in the closing days of her life,” said Edwards.

The lawsuit is asking for damages of more than $15,000.

Jacksonville Sheriff's Office said Thursday, it has suspended its investigation into the rape. Action News Jax has requested documents to find out why.