Disabled man sues after alleged assault by health-care aide

Hey there, time traveller!
This article was published 02/06/2025 (300 days ago), so information in it may no longer be current.

A disabled Winnipeg man who claims his home-care aide brutally assaulted him is suing health officials and his former worker.

In his lawsuit, David Schick, 54, alleges his home-care aide, the Winnipeg Regional Health Authority and Shared Health were negligent and breached their duties to him — a vulnerable individual with acute health needs.

No statements of defence have been filed and the allegations have not been heard in court.

Schick was a longtime salesman in Winnipeg who had his right leg amputated owing to a blood disease, say the court papers, filed in Manitoba’s Court of King’s Bench.

He began receiving daily home care.

He alleges health-care aide Ryan Goletski went to his apartment to provide services on Jan. 25, 2024, as he had done regularly in the past, but instead attacked him without warning.

“During that home-care visit, and for no apparent reason known by the plaintiff, he was confronted by Goletski who was acting aggressively and agitated such that he began to violently slam his fist onto the plaintiff’s furniture,” alleges the statement of claim.

“Given this concerning and unacceptable behaviour, he requested that Goletski immediately leave his premises as the plaintiff began to feel unsafe and in fear for his own person and life.”

The lawsuit alleges Goletski began “what would become a violent, sustained, painful and degrading assault,” pushing Schick so hard that his prosthetic leg became detached and he fell backward from a chair onto the ground.

“While he was on the ground Goletski continued to physically assault him by punching continuously in the head, arms, neck and back with closed fists,” claims the lawsuit.

“This all the while he lay helplessly and without the stabilizing aid of his then-detached prosthetic leg.”

Schick claims the assault was so prolonged that Goletski at one point appeared to take what could be “construed as a short break only to then continue with the assault after seemingly catching his breath.”

Goletski then left the apartment, say the court papers, and Schick crawled to his cellphone to call 911, a WRHA clinic and his mother. Paramedics and police went to his apartment and he was treated.

The court papers claim Schick’s fears were heightened due to his physical ailments.

Jason Kendall, the lawyer for Schick, said Goletski was arrested, but the matter was referred to a restorative justice program, rather than proceeding through the criminal courts.

It was not clear whether Goletski was represented by a lawyer during that process.

Schick claims to have suffered physical and mental injuries, including post-traumatic stress disorder and insomnia, from the alleged incident. He has been prescribed medication for anxiety and PTSD.

Schick accuses Goletski of negligence and breaching his duty of care.

He accuses the health agencies of breaching their duties of care and of negligence for “failing to properly screen” aides for inappropriate aggression, for employing Goletski, for failing to properly train and supervise Goletski, and failing to keep him safe.

Schick is seeking unspecified monetary damages, including for medical expenses.

The lawsuit also seeks a “significant award of punitive damages” from Shared Health and the WRHA for their alleged gross negligence, to prevent similar behaviour in the future.

erik.pindera@freepress.mb.ca