CHICAGO (CN) - A nursing home employee took photos of a dying man and posted them on Craigslist, with vile comments attached, such as, "At least he has a fresh supply of Depends to poop in," the late man's family claims in court.
Dejan and Radojka Vojcic, on behalf of their late father and husband, Radovan Vojcic, sued GAF Lake Cook Terrace dba Lake Cook Health Care Center, in Cook County Court.
Radovan Vojcic lived at the nursing home from April 2011 through Sept. 19, 2011, according to the complaint.
As he was dying, "an unknown agent, servant or employee of GAF Lake Cook Terrance Inc., dba Lake Cook Health Care Center, took a photograph or photographs of Radovan Vojcic, as he was in pain and dying," the complaint states.
"On or about October 22, 2012, the aforementioned photographs, taken without authorization, were published on Craigslist.com, under the 'rants and raves' section, with language mocking the plaintiff's decedent, including: 'Looks like Elmer spent another exciting weekend here: Must be overdosed on shuffleboard and bingo. At least he has a fresh supply of Depends to poop in as he fails desperately addressing every pro-Dem and anti-GOP post.'"
The Vojcics say the unidentified employee posted two other Craigslist "rants and raves," along with Radovan Vojcic's photo, stating, "He like to sniff glue while he gobbles the goo. IT'S TRUE++++ Most gopTURDS do!!!"
And: "Mittens picks up endorsement from aging rock star. MEATLOAF!!! BWAAAAAAAHAHHAHAAHAHA!!!!! A GREYISH BLAND CLUMP OF MEAT!!!! KINDA LIKE ELMER!!!! OMFG!!!! BWAAAAAAAAAAAHAHAHAHA!!!!!"
The Vojcics say the photos and statements mocking the dying/dead man, remained posted on the Internet through the end of October.
"The family of the plaintiff's decedent, including his widow and two sons, Dejan Vojcic and Ivan Vojcic viewed the postings and invasion of their father's privacy and right to solitude during his dying process," the complaint states/
It adds: "As a direct and proximate result of the aforementioned acts of the defendant, both directly and vicariously through the acts of its agents, servants and employees, the privacy rights of plaintiff's decedent, including the right to solace and respect in his dying process were violated, causing harm to him and unimaginable grief and sorrow to his family in their mourning process, causing permanent damage irreparable by any means."
The Vojcics seek punitive damages for violations of the Nursing Home Care Act, emotional distress, and invasion of privacy.
They are represented by Erron Fisher with Fisher & Lamonica.