A traumatic head injury may have led to the elderly victim's untimely death.

TOLEDO, Ohio — A residential care facility in Toledo is facing a wrongful death lawsuit alleging sexual abuse and neglect of an elderly woman.

According to the lawsuit filed Wednesday in Lucas County Common Pleas Court, Oakleaf Village on Holland-Sylvania Road is alleged to have contributed to the death of 86-year-old Bonnie Lease-Phillips, who suffered from dementia. Her son Christopher Lease alleges his mother was neglected by staff members and sexually assaulted by a resident, and suffered numerous falls. 

Her final fall resulted in a traumatic head injury. She never recovered and died in November 2022.

The lawsuit was filed on April 4 by attorney Wes Merillat, a representative of Charles Boyk Law.

"On multiple occasions, the family made Oak Leaf aware that there was a male resident that would enter their mother's living quarters, Oak Leaf assured them that they were monitoring the situation," Merillat said, "they found the individual without clothing in their mother's room approximately 1 a.m. in the morning."

Merillat says the facility not properly caring for her led to health issues and infections and added that ignoring her mobility limitations led to her multiple falls.

“Sometimes an assisted living facility is the best, safest living situation for a loved one suffering from dementia or who needs around-the-clock assistance or supervision. This company markets and promotes itself as an organization that you can trust your loved one with,” Merillat said.  “However, in this situation, every indication is that they set aside their claimed values in the name of business and exposed this woman to terrible injuries and suffering. You must make the neglect, inadequate care and exploitation of the vulnerable and the dependent unprofitable.”

Read the full lawsuit below

According to the suit, a male resident identified as "Jerry" was found by staff in Lease-Phillips' room at 1 a.m. in May 2022.

"Staff observed the male resident in bed with Bonnie with his pants down, penis exposed, and his hands on her breasts," the lawsuit states.

In addition to claims of neglect and sexual assault, the family also alleges that lack of security, mismanagement and inadequate staffing contributed to their mother's extensive injuries and eventual death. The lawsuit alleges staff members failed to assist the woman with using the bathroom, which contributed to numerous urinary tract infections.

"Highly disappointing is an understatement that they trust that this family put into the facility was failed every step of the way," Merillat said.

WTOL 11 emailed and called Oakleaf Village for comment Thursday. A spokesperson claimed they had not seen the lawsuit.

"We have not received notification about a lawsuit from the Charles Boyk law firm at The Grove, nor at Oakleaf Village," the spokesperson said. "We cannot discuss a lawsuit that we haven’t seen."

The spokesperson provided an updated statement Friday:

"The safety, health and well-being of our residents are our top priority. Due to confidentiality and HIPAA  requirements we cannot discuss information about our current or former residents."

The lawsuit asks for "an amount in excess of" $25,000 for each of the seven counts. The family is also asking for restitution of all funds paid to the facility, which the suit claims was about $280,000.

"There are far more common than we know because this is a population that is exploited because they are so vulnerable and they are highly underreported," Merillat said.

Merillat claims that Oakleaf Village was also found to have been cited for more than 50 health violations since August 2021.

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A traumatic head injury may have led to the elderly victim's untimely death.