Jane Doe vs. Citrus Memorial Hospital Inc.

Case Background

On March 4, 2022, Plaintiff Christy Lynn Trimbath filed a Sexual Assault lawsuit in the Florida State, Circuit Court of Citrus County (Case number: 2022 CA 000134 A). Judge Carola Falvey presided over the case.

Cause

Jane Doe, a resident of Idaho over 65 years old, was admitted to Citrus Memorial Hospital (CMH) in Inverness, Florida, on January 5, 2021, for a medical condition. That evening, CMH nurse Hiram Bonilla taped a bed pad over Doe’s room window, injected her with morphine, and sexually assaulted her multiple times between 10 PM and 2:30 AM. When CMH learned of the assaults around 2 AM, it waited 6 hours to report the incidents to law enforcement. During this time, CMH informed Bonilla of the allegations and instructed him to leave, interviewed witnesses, planted Bonilla’s false narrative, allowed staff to verbally assault Doe, moved her to another room, and cleaned the crime scene.

CMH had prior knowledge of sexual assaults committed by nurses on its premises, including 41 settled claims from 2005 and multiple assaults by nurse Mark Miskar between 2016 and 2020. Bonilla had a prior accusation of sexually assaulting a minor patient at another hospital in 2016 before CMH hired him.

Injuries

As a result of the sexual assaults and CMH’s subsequent actions, Jane Doe suffered bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, lost earnings, and aggravation of pre-existing conditions. She experienced severe emotional distress, including terror that Bonilla or his associates would return to silence her. The complaint stated these losses were either permanent or ongoing, and Doe would continue to suffer them in the future.

Damages

The plaintiff, Jane Doe, requested the court to enter judgment against the defendant, Citrus Memorial Hospital (CMH), for damages, costs, interest, and any additional relief deemed appropriate by the court. Jane Doe also demanded a jury trial for all triable issues in the case.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jane Doe
    • Counsel for Plaintiff: Gregory S. Roe Esq.| Eric S. Rosen
  • Defendant(s):Citrus Memorial Hospital Inc.
    • Counsel for Defendants: Piper A. Hurley Esq.| Tia J. Jones.

 Claims

The complaint alleges multiple causes of action against CMH in a Sexual Assault lawsuit :

  1. Premises Liability: CMH breached its duty to maintain safe premises and warn of known dangers.
  2. Negligent Supervision and Security: CMH failed to properly oversee employees and implement safety protocols.
  3. Aiding and Abetting: CMH substantially assisted Bonilla by punishing whistleblowers and mishandling the aftermath of the incident.
  4. Intentional Infliction of Emotional Distress: CMH’s outrageous conduct in response to Doe’s allegations caused severe distress.
  5. False Imprisonment: CMH confined Doe for 6 hours without contacting law enforcement.
  6. Negligent Hiring/Retention: CMH hired and retained Bonilla despite his history.
  7. Medical Malpractice: CMH breached the standard of care in its treatment of Doe.

Defense

Citrus Memorial Hospital (CMH) responded to Jane Doe’s Sexual Assault lawsuit by denying most allegations while making limited admissions. The hospital admitted it was a Florida Corporation authorized to do business in Citrus County and acknowledged certain consistencies in the medical records. They also admitted to having general duties of reasonable care under Florida law.

CMH denied all claims of negligence, premises liability, negligent supervision and security, intentional infliction of emotional distress, and false imprisonment. They moved to dismiss two counts entirely: Count III (Aiding and Abetting/Accessory After the Fact) and Count VII (Medical Malpractice).

In their affirmative defenses, CMH claimed that the plaintiff failed to mitigate her damages and was comparatively negligent. The hospital specifically addressed claims regarding Mark Miskar, stating that they were not liable for his alleged actions because the sexual battery of a third party fell outside the scope of employment. They maintained they had no constructive knowledge or actual notice that Miskar was unfit for his work.

The hospital also claimed that the plaintiff’s injuries, if any, were not proximately caused by their actions and that the incident was not reasonably foreseeable. They argued that Miskar’s alleged conduct was motivated by his own interests rather than the hospital’s, and therefore they could not be held liable. CMH requested a jury trial for all triable issues in the case.

Jury Verdict

The jury returned a verdict in favor of the plaintiff, Jane Doe, against HCA Florida Citrus Hospital. They found the hospital negligent in three key areas: supervising its staff, providing adequate security, and in the nursing care and treatment of Jane Doe. The jury determined that these negligent actions were legal causes of Jane Doe’s loss, injury, or damage. As a result of their findings, the jury awarded damages to Jane Doe. For past damages, they awarded $5 million, and for future damages, they awarded $20 million. This total of $25 million compensated Jane Doe in a sexual assault lawsuit.

Court Documents:

Available Upon Request