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An elderly man who claims a nursing home employee repeatedly punched and assaulted him has filed a personal injury lawsuit against the facility claiming they failed to protect him against the alleged abuse.
According to plaintiff Earl Gates, the Evergreen Bozeman Health and Rehabilitation Center in Montana should be held liable for his injuries because they failed to perform a background check on the accused attacker, 23-year-old Joshua Fowler—who has previously been convicted of assault—before hiring him.
The lawsuit claims that on March 2, Fowler allegedly hit Gates in the head and face, giving him black eyes and multiple bruises and cuts. Gates' roommate told law enforcement that he heard “a loud smack that sounded like a fist hitting a face” when Fowler was behind the curtain. According to court papers, Fowler emerged from the curtain with blood on his hands.
Gates accuses the nursing home of gross negligence and breach of contract, claiming that the night he was abused, another employee had smelled alcohol on Fowler's breath. He further claims that management didn't take him to the hospital for nine hours after the attack.
Gates is seeking compensation for his pain and suffering as well as punitive damages. Fowler has pleaded not guilty to felony charges of elderly abuse.
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