A heartbreaking lawsuit has been filed against a Florida assisted living facility after an 83-year-old Navy veteran with dementia allegedly wandered into a walk-in freezer, became trapped for hours, and later died from hypothermia.
The case has raised serious questions about resident supervision, staffing levels, and safety procedures at memory care facilities.
Family Files Wrongful Death Lawsuit Against Nursing Home
The family of William “Gene” Ray, an 83-year-old Navy veteran, has filed a wrongful death and negligence lawsuit against The Waverly Assisted Living and Memory Care facility in Florida.
According to the lawsuit, Ray, who suffered from dementia, wandered away from his room during the early morning hours of September 26, 2025. He allegedly entered the facility’s kitchen and later became trapped inside a walk-in freezer.
The lawsuit claims staff failed to properly monitor residents and maintain adequate safety measures, ultimately leading to Ray’s death.
Veteran Was Found Barely Conscious in Freezer
Court documents state that Ray remained trapped inside the freezer for approximately four hours before he was discovered.
The lawsuit alleges that nursing home staff did not realize he was missing until family members noticed his absence through a Ring camera and contacted the facility.
After staff began searching the property, they eventually found Ray inside the freezer. He was reportedly shivering, barely conscious, and suffering from severe hypothermia.
Emergency responders rushed him to a hospital, but he later died. Medical records indicated that his body temperature had dropped to just 66 degrees Fahrenheit.
Family Noticed Disappearance Before Staff
According to the lawsuit, it was Ray’s family—not facility employees—who first recognized that something was wrong.
Family members monitoring a Ring camera noticed that Ray was no longer in his room and contacted staff to report his disappearance.
The claim alleges that employees were unaware that the resident had left his room and wandered through the facility for several hours.
The family argues that proper supervision could have prevented the tragedy.
Daughter Recalls Devastating Discovery
Ray’s daughter, Kristen Spencer, described the emotional moment she learned where her father had been found.
After noticing him missing, she rushed to the assisted living facility. While staff continued searching, she waited anxiously for updates.
According to Spencer, a facility director eventually entered the room and informed her that her father had been located.
She said she was shocked when told he had been found inside the freezer and struggled to comprehend what had happened.
The discovery marked the beginning of what the family describes as an unimaginable tragedy.
Resident Had History of Wandering Due to Dementia
The lawsuit states that Ray moved into the facility in May 2025 and that staff were aware of his tendency to wander.
According to court filings, he frequently searched for his wife of 55 years, who did not live at the facility. He was known to enter other residents’ rooms and often appeared confused.
On one occasion, staff reportedly found him walking outside the building.
As his dementia progressed, Ray experienced increasing confusion and sometimes believed it was years earlier than it actually was.
The family argues that these behaviours made him particularly vulnerable and required close supervision.
Surveillance Video Captured Final Hours
The lawsuit alleges that surveillance footage documented Ray’s movements throughout the night.
According to the filing, he left his room at approximately 12:30 a.m. and spent several hours walking around the facility without being noticed by staff.
The footage reportedly shows him entering and leaving the kitchen area multiple times. Around 4:30 a.m., he allegedly entered the walk-in freezer, where the door closed behind him and locked him inside.
The lawsuit claims he remained trapped there until staff eventually located him after receiving the family’s call.
Staffing Levels Under Scrutiny
The case has also focused attention on staffing levels at the assisted living facility.
According to reports, the Florida Agency for Healthcare Administration issued a critical review after the incident. The agency reportedly found that only one staff member was supervising 48 residents during the night Ray died.
The family’s attorney, Steve Barnes, argued that systemic staffing failures directly contributed to the tragedy.
The lawsuit alleges that adequate staffing and proper monitoring would likely have prevented Ray from wandering unnoticed through the facility.
Facility Denies Allegations
The Waverly Assisted Living and Memory Care facility has disputed the claims made in the lawsuit.
In a public statement, the facility acknowledged that legal action had been filed but stated that it strongly disagrees with the allegations.
Management said it intends to defend itself through the legal process and declined to comment further because the litigation remains ongoing.
As a result, many of the claims made in the lawsuit have yet to be tested in court.
Legal Case Moves Forward
The wrongful death lawsuit seeks accountability for the circumstances surrounding Ray’s death and argues that the facility failed in its duty to protect a vulnerable resident.
The case is expected to examine questions surrounding resident supervision, staffing practices, security measures, and facility procedures for caring for individuals with dementia.
The outcome could have broader implications for memory care and assisted living facilities responsible for caring for residents with cognitive impairments.
