Family sues Louisville assisted living center after resident freezes to death

A Louisville assisted living center and some of its employees are facing a lawsuit in Boulder County District Court after one of its residents - Mary Jo Staub - froze to death last February. The wrongful death suit, filed by attorneys for Staub's family, claims staff at the Balfour at Lavender Farms assisted living facility was negligent and failed to protect the 97-year-old woman.

The lawsuit says surveillance video shows her wandering out of the facility in the middle of the night last winter, getting locked out, then banging on the doors for help, but no one found her for five hours.

According to this lawsuit, Staub's family paid $1,500 extra every month for heightened care at Balfour at Lavender Farms. But last February, the suit alleges no one was watching Staub when she wandered outside in below-freezing temperatures in the middle of the night.

 
The suit says Staub walked around the building to the doors nearest the nurses' station, and claims surveillance video shows she climbed on a snow mound, and after injuring her ankle, she "crawl(ed) on her hands and knees" towards the doors, "leaving a "blood trail in the snow."

Despite banging on the glass for help, the lawsuit claims for five hours, "no one at Lavender Farms was monitoring the security cameras that night... not a single Balfour employee noticed Staub was locked out of the facility... not a single Balfour employee was present to help Mary Jo in any way."

Staub's family attorney, Elizabeth Hart, declined an interview, but issued the following written statement: 

"Hailey | Hart is honored to represent the Staub family. Mary Jo was deeply loved. Her life was tragically cut short. Assisted living facilities are supposed to provide protective oversight for our elderly loved ones. The Staub family wants to ensure this doesn't happen to any other member of this vulnerable population."

Louisville police did not pursue criminal charges, but the Colorado Department of Public Health and Environment inspected the facility after the incident, and issued eight citations against the facility.

The state health department tells CBS News Colorado it found immediate jeopardy to the residents following that inspection, but the facility has made appropriate changes to address those concerns. 

Elaine McManis, Division Director of the Health Facilities and Emergency Medical Services Division with the CDPHE, issued the following written statement regarding the incident: 

"We are deeply saddened by this tragic event that never should have happened. As soon as we were notified, we sent experts to the facility to investigate what occurred and ensure the safety of other residents. Where we found deficiencies, we required the facility to quickly make changes, and closely monitored the facility until it completed all corrective actions."

CBS News Colorado reached out to the facility for comment, but has not yet received a response. 

Colorado AG prosecuting a different assisted living neglect case

In a separate incident in Mesa County, two assisted living workers have pleaded guilty and one worker will stand trial later this month after 86-year-old Hazel Place was let outside in the summer heat for six hours. 

As CBS New Colorado reported in 2021, Place's son, Steve Place, said, "it's disgusting... it's totally wrong... there's just absolutely no excuse."

According to the Colorado Attorney General, one of the workers who pleaded guilty was sentenced to three years probation and 30 days in jail.