The supervisor at a Minnesota nursing home defended her employee after he allegedly raped a resident, according to documents filed in a lawsuit brought against the nursing home.
The lawsuit seeks damages from the Edgewood Vista nursing home facility in Hermantown, MN, claiming that it failed to prevent its employee, 30 year-old Andrew Merzwski, from sexually assaulting an 89 year-old resident. The lawsuit also claims that upon the reporting of the alleged rape, the resident was locked in a psychiatric ward for three days. Also, a supervisor and the clinical services director, Marilyn Moore, claim that the sex was consensual because the resident flirted with Merzwski “mercilessly.”
However, Nurse Examiner Theresa Flesvig testified that she was shocked to hear that Moore claimed the sex was consensual, and testified that she found a significant tearing during her rape examination of the woman. The woman’s family also introduced evidence that the woman attempted to stop Merzwski from engaging in intercourse, after he took his clothes off while the pair were watching a movie.
The lawsuit seeks an unspecified amount of personal injury damages. Merzwski is currently serving a four-year prison sentence after being convicted of raping the woman.
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