JACKSONVILLE, Fla. – The family of a nonverbal man who died in July after being left in a hot van for hours filed a lawsuit against the Jacksonville residential center that was in charge of his care, according to the complaint.
Attorney David Hammer filed the wrongful death lawsuit on Oct. 7 against National Mentor Healthcare LLC, which does business as Florida Mentor. According to its website, Florida Mentor is a residential center for adults with intellectual and developmental disabilities.
The complaint says Robert Bodack, who had severe autism, lived at one of the center’s locations on Gum Tree Road in the McGirts Creek neighborhood.
On the morning of July 18, Bodack, 42, was escorted out of his home and placed into a transport van to attend a day program offered by Florida Mentor on Baycenter Road near Baymeadows and I-95. The lawsuit states this transportation to and from the center was routine. However, Bodack was not escorted off the van once it arrived at that location, the complaint states.
Bodack was left in the van with no air conditioning from the morning hours until mid-afternoon. The complaint states the outside temperatures were in the mid-90s that day.
According to the complaint, Bodack could not unbuckle himself or get in or out of the van without assistance. He also could not call out for help, as he was nonverbal. Bodack was later found and pulled from the van by workers. Lifesaving measures were conducted, but he was pronounced dead.
The Medical Examiner’s Office determined his death was caused by “environmental hypothermia.”
“Robbie literally cooked to death,” Hammer said. “Our lawsuit will reveal all of Florida Mentor’s failures. One cannot imagine a more horrific way to die, unable to help himself, knowing that he was going to die. This must never be allowed to happen again.”
Bodack‘s sister, Sara, said her family’s grief is immeasurable.
“His charm and personality could fill a room, and everyone who knew him loved him,” Sara Bodack said. “Our family has been broken in the most horrible way and we will never be the same.”
Bodack’s loved ones are now demanding answers from the center and asking the court for at least $50,000 in damages.
“We trusted his caregivers with his life and expected they would keep him safe and happy,” Sara said.
The lawsuit, which includes six counts, states that Florida Mentor failed its duty to properly supervise and protect Bodack and accuses it of negligence that ultimately led to his death.
It also claims that employees did not do head counts upon loading and unloading their passenger vans and when entering and exiting a facility. It also claims employees “failed to thoroughly inspect the passenger vans for any residents before leaving the vans in a parking spot.”
The lawsuit accuses Florida Mentor of not taking action against the employees who were in charge of Bodack that day and said the center hired and retained employees who were “incompetent, unfit and unqualified to care for residents such as Robert Bodack.”
According to the family’s attorney, Bodack had lived at the facility for years and the staff was “very familiar” with his disabilities and needs.
“It’s just a massive failure of all of the policies, procedures that should be in place to take care of somebody who has these needs,” Hammer said.
News4JAX reached out to Florida Mentor for comment on this lawsuit and at the time of this publication, we hadn‘t heard back. The Jacksonville Sheriff’s Office said the investigation is still active.
