gavel on desk

A Winston-Salem, NC, assisted living and memory care community has settled a lawsuit involving three former employees accused of encouraging two residents to fight each other.

The suit was filed in October 2020 on behalf of resident Betty Elaine Moore against Danby House, operator ALG Senior and three former ALG employees who were criminally charged in the June 19, 2019, incident. The suit alleged that the three employees encouraged Moore and another resident to fight each other, then shared videos of the fight with others who posted a video on YouTube.

The former employees — Marilyn Latish McKey, Tonacia Yvonne Tyson and Tanesha Deshawn Jordan — faced charges of assaulting an individual with a disability. Tyson was acquitted in August on a charge of misdemeanor aiding and abetting an assault on an individual with a disability. Charges are still pending against McKey and Jordan, according to the Winston-Salem Journal.

As McKnight’s Senior Living previously reported, Danby House had sought arbitration in the case, citing a resident agreement Moore’s sister signed when Moore moved into the community in 2019. 

Danby House issued a statement to the media outlet after the lawsuit was filed, calling it an “isolated incident of criminal misconduct by three former Danby House employees.”

“Danby House does not, and has never, condoned such egregious misconduct, which is contrary to the training, policies and values of this community,” the statement read. “At all times, Danby House has fully cooperated with law enforcement and will continue to do so.”

After the incident, the North Carolina Department of Health and Human Services temporarily barred Danby House from accepting new residents due to numerous stated “care deficiencies,” including not properly training staff, not administering medications to residents, and employing workers who allowed and encouraged fights between residents.

The lawsuit, which sought $25,000 in damages, further alleged negligent hiring, supervision and retention, and medical negligence, and that Danby House did not immediately contact police when notified about the incident.

An ALG Senior representative declined to comment on the settlement when contacted by McKnight’s Senior Living