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[W] Healthcare Centers of Texas3/7/2002
t she had to ask for help to remove Jones from a female resident's room when she could not verbally persuade him to leave. Several LaPorte nurses testified that if they had known Jones was a safety threat, they would have moved him to a room much closer to the nurses' station and would have monitored him every fifteen minutes to protect other residents. Jones's room was at the end of the hall across from Mrs. Underwood's room, far from the nurses' station. A nurse at LaPorte reported to Greer and the director of nursing that Jones was frequently seen roaming into Mrs. Underwood's room.
Approximately ten days after Jones's admission to LaPorte, Terri Leakey, a nurse, found a piece of paper with Jones's name on it, three one dollar bills, and two pills on the right side of Mrs. Underwood's bed, below her pillow. Mrs. Leakey expressed concern because the note and money were on the side of the bed adjacent to the wall. Mrs. Leakey testified that Jones was too weak to move the bed and too short to reach over Mrs. Underwood. She reached the conclusion that Jones could have only reached that location by getting into Mrs. Underwood's bed. After reporting this incident to Greer and to the director of nursing, Leakey asked Greer if Jones could be moved to a room closer to the nursing station, but Greer refused.
Virginia Rigby testified that she placed her mother in LaPorte Healthcare Center in 1986. Mrs. Rigby visited her mother for several hours twice a day. By December 1996, Mrs. Underwood was blind and mostly deaf, but was alert and aware of her surroundings. On December 27, 1996, Mrs. Rigby discovered a one dollar bill under the covers of her mother's bed near her mother's waist. Mrs. Rigby took the money to the nurses' station because she thought one of the nurses might have dropped it. No one at LaPorte told Mrs. Rigby about previously finding money in her mother's bed.
On December 29, 1996, Mrs. Rigby visited her mother around 8:00 in the morning. After about an hour, she walked down the hall to get a cup of coffee. As she rounded the corner on her way back to the room, Mrs. Rigby heard her mother say, "Oh, oh." Mrs. Rigby testified that her mother sounded frightened. Mrs. Rigby ran to her mother's room and discovered Jones on top of her mother. Mrs. Rigby yelled for one of the nurses to help her.
Annie Rivers, one of the nurses, and Mrs. Rigby pulled Jones off of Mrs. Underwood. Annie Rivers testified that when Jones was on top of Mrs. Underwood, his penis was erect. After they pulled him off of her, his penis became flaccid and was hanging out of his pajamas. Mrs. Underwood's gown had been pushed up around her neck, and she was wearing nothing underneath the gown. Jones was subsequently discharged to Rusk State Hospital.
Contrary to Greer's testimony, Dr. Rapp testified he fully informed Greer of Jones's history at Anahuac and at San Jacinto. Dr. Rapp testified he did not use the term "model resident," but told Greer there was a long period of time in which Jones did not exhibit unusual behavior. Dr. Rapp denied telling Greer that Jones's aberrant sexual behavior was a "one-time incident." Dr. Rapp encouraged Greer to call the director of nursing at Anahuac and inquire about Jones. Dr. Rapp testified he did not believe Jones was a safety risk when he entered LaPorte, nor was the assault on Mrs. Underwood foreseeable.
In its defense, LaPorte presented the deposition testimony of Virginia Rigby. Mrs. Rigby testified that prior to her death, Mrs. Underwood was blind for six months and had been deaf for two years. Mrs. Rigby testified that she did not seek a mental health professional after her mother's death. The assault on her mother caused Mrs.
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