Image Credit: CFJC Today

By Ashley Legassic

CIVIL SUIT

Woman sues Hamlets at Westsyde, two residents after alleged assault and sexual assault

Oct 3, 2019 | 10:21 AM

KAMLOOPS — A woman has filed a civil suit against the Hamlets at Westsyde and two of its residents after allegedly being assaulted by two men on separate occasions.

The plaintiff, Cornelia Mainland, alleges that on January 24, 2019, a man assaulted and committed battery on the woman, repeatedly struck her, and knocked her to the ground which caused her injuries. The assailant is only identified as John Doe 1.

At the time of the incident, Mainland argues, the Hamlets had not given her hip guards to protect her in case she fell. She adds the Hamlets was aware of previous violent incidents when John Doe 1 allegedly assaulted staff and residents of the facility.

In a separate incident in August, a man only identified as John Doe 2, allegedly sexually assaulted Mainland. She alleges the Hamlets was aware that John Doe 2 was positive for Hepatitis C, had demonstrated violent and sexually inappropriate behaviour while a resident, and “knew or ought to have known” that John Doe 2 was a safety risk.

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The list of injuries Mainland suffered in both instances is extensive.

As a result of the her injuries from the first attack, she had to undergo hip surgery.

Mainland suffered a hip fracture, soft tissue injuries, bruises and scratches, and psychological injuries. She says the incident and injuries have caused her pain and suffering, headaches, loss of strength, loss of enjoyment of life, difficulty sleep, depression, and anxiety among other issues.

“Between January 24, 2019 and August 9, 2019, the (d)efendant Hamlets failed to follow the treatment plan for the (p)laintiff’s rehabilitation and care as directed, or at all, for the hip injury,” the lawsuit states, adding that the injury and situation cause the plaintiff’s Alzheimer’s to rapidly degrade.

The woman’s injuries from the August incident included injury to her reproductive organs, exposure to Hepatitis C, requirement for repeated diagnostic testing for Hepatitis C and HIV, and psychological injuries.

Mainland claims in the suit that the Hamlets was negligent in these incidents.

She is seeking relief for the damages and further special damages she may incur.

“The actions of the defendants, and each of them, as foresaid were deliberate and motivated by malevolence and were intended to and did humiliate the plaintiff in the presence of others and subjected her to embarrassment and ridicule by reason of which the injury to the plaintiff has been aggravated,” the suit states.

Mainland argues the Hamlets breached its duty of care to her, and says all three defendants contributed to assault, negligence, and intentional infliction of mental suffering. None of the allegations has been proven in court.