Jerome Sanders, 66, was allegedly left in a hot transport van for eight hours during a Northwest Florida heat advisory.
PENSACOLA, FL | MAY 18, 2023 - On May 18, 2023, Levin Papantonio Rafferty Attorney Rachael Gilmer filed a wrongful death lawsuit on behalf of the estate of Jerome Sanders, who died of hypothermia at age 66 after allegedly being left in a transport van for eight hours on a day when the heat index was 101 degrees.
Defendants in the lawsuit include Florida Mentor II, LLC, which does business as Pensacola Developmental Center (PDC), and Pyramid Inc.
These entities were entrusted with the care of a severely developmentally disabled man. Instead, their negligence caused him unimaginable suffering and death.
RACHAEL GILMER, Attorney, Levin Papantonio Rafferty
Jerome's family is demanding a trial by jury to hold the defendants accountable for damages associated with the wrongful death of their brother.
“The defendants were entrusted with the care of severely developmentally disabled man," Gilmer said. "Instead, their negligence caused him unimaginable suffering and death."
This action is being brought pursuant to the Florida Wrongful Death Act.
Allegations in the Lawsuit
Jerome Sanders was born in 1956. At the age of one, he became mentally incapacitated, requiring total care until he died in June 2022.
In 1982, Jerome became a full-time resident at PDC, a residential center for adults with intellectual and developmental disabilities. The Complaint states Jerome was non-verbal and could walk with some asistance, but his fine motor skills were poor.
On June 22, 2022, Jerome was placed in a transport van to attend a scheduled daily day program offered at Pyramid. He was never escorted off the van, meaning he was either left on the van while other PDC residents were assisted off at Pyramid, or the van on which Jerome was loaded never went to Pyramid.
Jerome's disabilities prevented him from buckling or unbuckling himself from a vehicle, and he was unable to either enter or leave a vehicle without assistance, the Complaint states. Being non-verbal, Jerome could not call out for help.
PDC did not ask Pyramid staff about Jerome's whereabouts until 3:30 p.m., nor had Pyramid staff reported Jerome's absence from the day program prior to this time.
Staff began searching for Jerome and found him around 4 p.m. inside PDC's transport van on the PDC property. He was unresponsive after being left in the van for over eight hours. There was a heat advisory that day in Northwest Florida, with a heat index of 101 degrees.
Jerome was pronounced dead at 4:18 p.m.. The Medical Examiner's autopsy deemed his death to be caused by hypothermia.
Though Nonverbal, He Knew the Happiness of Family
Gloria Cook-Bolar, Jerome's sister, first met her older brother in 1970 in a gymnasium at a residential center where he was living at the time. "He came out wearing a helmet on his head, and I didn't understand why," Gloria said. "But we just sat by each other, and I just loved him from that day up until the last."
When Jerome was transferred to PDC, Gloria made a commitment to forge a relationship with her brother. "I promised the Lord and myself that I will forever visit my brother, go see him, and go get him."
"He was happy, but they took him away from us, and to this day, Sundays are my worst days.
GLORIA COOK-BOLAR, sister to Jerome Sanders
In 1985, Gloria bought a car and began the Sunday tradition of bringing Jerome home. "When we would go get him, he would be happy," Gloria said.
"He would wait at the door [of the facility] for us," said Gloria's daughter, Angel. "If he knew we were on our way, he would stand with his arms crossed and pace back and forth, and when we pulled up, we could see him waiting at the glass for us."
Although Jerome was nonverbal, Gloria said he had a way of communicating. "It was a look. It was body language. If he was excited and listening to you, he would be relaxed," Gloria explained. "His shoulders would be back, and he'd have his arms crossed, and he'd have his head turned looking at you with a big, beautiful smile."
Every birthday, Christmas, holiday, and most Sundays, Jerome was with his family.
Angel said when she, Gloria, and Jerome would arrive at "Big Mama's" (Jerome's mother) house, her uncle expected his food to be ready. His favorite foods were chicken, macaroni and cheese, spaghetti, and sweet potato pie.
"He was happy those days, but they took him away from us," Gloria said. "And to this day, Sundays are my worst days."
Levin Papantonio Rafferty law firm has been representing injured people across the globe since 1955 and has earned more than $30 billion in jury verdicts and settlements, litigating against some of the world's largest corporations.
About Levin Papantonio Rafferty
The Levin Papantonio Rafferty law firm has been representing injured people in Pensacola and across the globe since 1955. The firm has gained national recognition as one of the most successful personal injury law firms in the world and has been featured on CNN, NBC, ABC, CBS, and Fox, as well as The Wall Street Journal, The New York Times, Time Magazine, Forbes, and National Law Journal.
Levin Papantonio Rafferty attorneys handle lawsuits throughout the country involving prescription drugs, medical devices, medical malpractice, car accidents, and business litigation. Levin Papantonio Rafferty has earned more than $30 billion in jury verdicts and settlements, litigating against some of the largest corporations in the world.
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