Florida Jury Awards $250,000 in Care Facility Abuse Case
Table of Contents
Case Background
This civil lawsuit arose from horrifying events that unfolded while Plaintiff Mary Thill was a resident at Advanced Care Center, a facility owned and operated by Advanced Facility, Inc., in Clearwater, Florida. Thill, referred to initially in Court records under the pseudonym Jane Doe to protect her identity, filed the complaint in November 2021. The suit named the facility itself, its manager, Donald V. De Baker, and an employee, Falo Kane, as Defendants.
The incident that formed the basis of the lawsuit took place between November 2018 and December 2019. Thill had been admitted to the care center as a resident, which meant she qualified as a vulnerable adult under Florida law. Her lawyers alleged that while she resided there, employee Falo Kane sexually assaulted and exploited her. The Plaintiff argued the corporate Defendants, Advanced Facility and De Baker, completely failed in their duty to provide a safe environment, allowing the abuse to happen through their own carelessness and neglect. The case focused on holding both the individual wrongdoer and the corporate entity accountable for the severe trauma Thill suffered.
Cause
Mary Thill’s case rested on multiple distinct claims against the Defendants, reflecting both the intentional acts of the employee and the failures of the management.
Intentional Torts Against Falo Kane- Thill accused Kane of Sexual Assault and Exploitation of a Vulnerable Adult. The complaint detailed that Kane’s actions constituted sexual misconduct and sexual abuse of an adult who was unable to provide consent or permission.
Corporate and Management Failures- Thill also sued Advanced Facility, Inc., and Donald De Baker for Negligence and Violation of Residents’ Rights. The Plaintiff maintained that the facility and its manager breached their fundamental duty to exercise reasonable care, including failing to properly hire, supervise, and monitor personnel, directly leading to the injuries.
Injury
The Plaintiff documented that she endured severe and lasting physical, mental, and emotional injuries as a result of the abuse. These injuries included sexual abuse, sexual assault, significant emotional and psychological trauma, mental anguish, the cost of extensive medical care and treatment, and a diminished capacity for the enjoyment of life. The complaint also noted that the abuse aggravated a previously existing condition.
Damages Sought
Thill requested compensatory damages that exceeded the minimum jurisdictional limit of Thirty Thousand Dollars. Specifically, she sought monetary compensation for all of her past and future injuries, including pain, suffering, disability, and mental anguish. Beyond these, the Plaintiff also demanded reimbursement for attorneys’ fees, Court costs, and pre-judgment interest.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Mary Thill
· Counsel for Plaintiff(s): Carly A. Koziol | Mary J Perry | James K Purdy | James L Wilkes Ii | Lydia D Wardell
Defendant(s): Advanced Facility, Inc. | Donald V. De Baker | Falo Kane
· Counsel for Defendant(s): Mark A Humphrey
Key Arguments or Remarks by Counsel
Claims
Thill’s legal team presented evidence demonstrating that Falo Kane knowingly committed acts of sexual misconduct against a helpless resident. They further argued that the corporate Defendants, Advanced Facility and De Baker, knew or should have known about a danger posed by Kane or maintained such lax oversight that the abuse became an inevitability. They asserted the facility’s conduct amounted to a clear violation of the statutory rights afforded to vulnerable residents in Florida care centers. The lawyers contended that the facility and manager simply did not do their job to safeguard Thill, who suffered devastating, permanent consequences.
Defense
The defense team for the corporate entity and manager, while acknowledging the lawsuit, staunchly denied responsibility for the alleged intentional actions of Falo Kane. They disputed that the facility was negligent or that its management had violated residents’ rights. Alternatively, they argued that any negligence they may have committed was not the direct legal cause of Thill’s injuries. Falo Kane, for his part, also faced the accusations, though his defense was not detailed in the available Court documents.
Jury Verdict
After considering the evidence, the jury delivered a verdict on 17th February, 2025 that held all three Defendants the employee, the manager, and the corporate entity responsible for Mary Thill’s injuries.
The jury first confirmed the intentional acts of the employee:
They found Falo Kane liable for sexual assault.
They also found Kane liable for exploitation of a vulnerable adult.
Next, the jury confirmed the failures of the corporate Defendants:
They determined that Advanced Facility, Inc., was negligent and had violated Mary Thill's Residents' Rights, and that this conduct legally caused her injuries.
They similarly found that manager Donald De Baker was negligent and had violated Mary Thill's Residents' Rights, and that this also legally caused her injuries.
The jury then assigned total monetary damages for the distinct claims:
Damages for Sexual Assault (by Falo Kane): The jury awarded Mary Thill $125,000.00.
Damages for Exploitation of a Vulnerable Adult (by Falo Kane): The jury awarded Thill an additional $125,000.00.
In total, the jury awarded Mary Thill $250,000.00 in damages, holding Falo Kane fully responsible for the intentional acts, and Advanced Facility, Inc., and Donald De Baker responsible for the systemic failures that allowed the trauma to occur.