Shepard v. Mielke

Sweeney, A.C.J.

Wanda Shepard was sexually assaulted by a visitor to her room at Manor Care Convalescent and Rehabilitation Center. Her suit for damages against Manor Care was dismissed on summary judgment and she appeals, contending (1) questions of fact exist with respect to Manor Care’s negligent care; and (2) Manor Care owed an elevated duty of care due to Ms. Shepard’s helpless condition. We reverse.

Facts

After corrective surgery for an intestinal disorder led to liver damage and the loss of her spleen, Ms. Shepard became dependent on pain medication and eventually suffered a perforated…