Brian Ende, Special Administrator of the Estate of Helen et al vs. West Bend Mutual Insurance Co. et al

Case Background

On February 21, 2023, Plaintiff  Brian Ende filed a Wrongful death lawsuit in the Wisconsin State, Kenosha Circuit Court (Case number: 2023CV000182). David Wilk presided over this case.

Cause

Helen Ende, an elderly resident at Parkside Manor, an assisted living center in Wisconsin, tragically died of hypothermia on December 19, 2022. According to court records, Ende exited the facility in the early hours when temperatures plummeted to single digits. Surveillance footage revealed she left the building at 12:41 a.m. and attempted to re-enter approximately seven minutes later, but she was unsuccessful. Despite a door exit alarm sounding for nearly 30 minutes, staff at Parkside Manor did not respond promptly. The alarm was eventually turned off without verifying Ende’s whereabouts. Her body was discovered hours later outside the facility.

The police investigation revealed gross negligence by staff, including their failure to conduct routine bed checks and exterior inspections. Investigators noted Ende’s bed remained undisturbed and that she wore the same clothing she had on the previous day. The employees on duty—Demontae Collins, Susan Valentin, and Liliana Lozano—allegedly ignored protocols, neglected to inform management of the alarm, and failed to ensure the safety of their vulnerable patient.

Injuries

Helen Ende succumbed to hypothermia, a preventable tragedy attributed to the facility’s alleged negligence. The devastating loss has deeply impacted her son, Brian Ende, and her estate, who claim that Parkside Manor’s reckless disregard for nursing home safety caused her wrongful death. The physical suffering Ende endured and the emotional toll on her family underline the significant damages sought in this case

Damages

Brian Ende and the estate of Helen Ende are seeking both compensatory and punitive damages in this premises liability lawsuit. The compensatory damages aim to address the profound emotional distress and loss of companionship suffered by Helen Ende’s family. They also include reimbursement for funeral and burial expenses, as well as the value of medical care that may have been required during her final moments.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Brian Ende | Special Administrator of the Estate of Helen Ende, Brian Ende
    • Counsel for Plaintiff: Benjamin Wagner | Molly Lavin
  • Defendant(s): Encore Wisconsin, LLC d/b/a Parkside Manor | West Bend Mutual Insurance Co.
    • Counsel for Defendants: Frederick J. Strampe | Julia Blair Semenak | Charles Robert Roozen

 Claims

Brian Ende and Helen Ende’s estate filed a premises liability lawsuit against Encore Wisconsin LLC, the parent company of Parkside Manor, and three employees: Demontae Collins, Susan Valentin, and Liliana Lozano. The lawsuit alleges reckless abuse of patients, negligence in adhering to safety protocols, and failure to respond to emergency alarms, leading to a wrongful death caused by hypothermia. The claims emphasize the defendants’ responsibility for maintaining a safe environment for residents and ensuring adequate nursing home safety measures.

The lawsuit asserts that the defendants’ actions directly resulted in Helen Ende’s death, violating their duty of care to protect vulnerable patients. The claims also highlight systemic failures, such as inadequate staff training and poor emergency response measures. This premises liability lawsuit seeks justice for the deceased and her grieving family.

Defense

The Defendants—Encore Wisconsin LLC, Parkside Manor, and employees Demontae Collins, Susan Valentin, and Liliana Lozano—denied liability for Helen Ende’s hypothermia death. They argued that her actions contributed significantly to the tragic outcome, asserting that Ende willingly exited the facility without informing staff. The defense claimed that the assisted living center provided reasonable care and maintained adequate safety measures, including operational alarm systems.

The Defendants further contended that the weather conditions were an unforeseeable factor and that staff could not have anticipated Ende’s decision to leave the building during freezing temperatures. They argued that staff responded appropriately to the alarm and suggested that her hypothermia-related death was a tragic accident rather than the result of negligence.

Additionally, the defense maintained that the facility had implemented standard protocols and that the employees acted within their scope of responsibilities. They refuted allegations of systemic failures, asserting that the tragedy occurred despite their adherence to industry standards for elderly care.

Jury Verdict

On November 21, 2024, a jury awarded $4 million in punitive damages to Brian Ende and the estate of his mother, Helen Ende. The award followed a premises liability lawsuit against Encore Wisconsin LLC, the parent company of Parkside Manor, and three employees. This wrongful death case highlighted significant deficiencies in nursing home safety that directly contributed to Ende’s preventable hypothermia death.

Court Documents:

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