Louisville family sues Masonic Homes after father found dead outside rehab facility

LOUISVILLE, Ky. (WDRB) — The family of a man who went to a Louisville senior care facility to recover from surgery has filed a lawsuit alleging staff failures allowed him to leave the building and die after being exposed to the cold.

Ray Leist was staying at Masonic Homes off Frankfort Avenue, getting rehabilitation after surgery, when he was found face-down in a pool of his own blood on a sidewalk outside the facility on Nov. 13, 2022.

According to the lawsuit, Leist wandered around inside the building for more than two hours before pushing through a door on the second floor. A fire alarm sounded for more than 40 minutes before it was shut off, the suit continues.

Leist took an elevator, went through the front door and walked a few hundred feet down the sidewalk, the suit reads. About 30 minutes later, a nurse found him outside and called EMS. According to the lawsuit, hypothermia triggered a heart attack. Leist later was pronounced dead at the hospital.

Family members said Leist had been improving.

“The last time I saw him I certainly wouldn’t think that was the last time I saw him alive,” his son, Thomas Leist, said.

Court records state Leist was prone to memory loss and confusion. When he arrived at the facility, his limited mobility meant he was not considered an “elopement risk,” a patient likely to escape. But after physical therapy, he became more mobile. The family’s attorney alleges staff never reassessed him.

In a deposition, the family’s attorney questioned staff about whether the standard of care was breached by Masonic Homes. A nurse replied "correct." The lawsuit centers on what it claims were missed warning signs and failures to respond.

Also in the deposition included in the court filings, the facility’s director, David Brown, said the alarm on the door was not intended to alert staff that someone had exited and was installed for fire safety.

“Because of a potential fire — that’s why the alarm was installed on the door,” Brown said.

“Nobody needs to see their father the way he was at the end,” Thomas Leist said.

His brother, Frank Leist, said “There’s no closure to it.”

Attorney Brennan Soergel, who represents the family, said the case remains in its initial discovery phase. The family said they are seeking accountability and changes to prevent similar incidents.

“How long will this go on and how many opportunities is that for someone else’s loved one to hit the ground face down and freeze (until) they have cardiac arrest under someone’s care,” Frank Leist said.

At the time of this article's publishing, Masonic Homes of Kentucky had not responded to requests for comment.

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Louisville family sues Masonic Homes after father found dead outside rehab facility