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‘We will never be the same:’ as family sues over autistic man’s death.

Lawsuit over autistic man's death Lawsuit over autistic man's death

JACKSONVILLE, Fla. — The family of an autistic man who died in a hot car over the summer is now suing the company that was supposed to care for him.

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Action News Jax was the only station who had been there when police responded to Florida MENTOR, a adult day care center on the Southside.

Robert Bodack, affectionally known as “Robbie,” was a 42-year-old autistic man who his family said couldn’t speak and had poor motor skills. But his sister, Sarah, said that didn’t keep him from shining his light.

“His charm and personality could fill a room and everyone who knew him, loved him,” Sarah said while holding back tears. “Our family has been broken in the most horrible way, and we will never be the same.”

A JSO spokesperson said on July 18th, officers found a man dead inside a van in the parking lot of Sevita’s Florida MENTOR center on Baycenter Rd.

In 9-1-1 calls from that day, you could hear panic over the phone.

“Pull him out. Pull him out!” the caller cried out. “He’s stuck, someone get me water! Someone get cold water!”

For days after this phone call, Action News Jax Annette Gutierrez tried getting answers, but no one would speak to her in person. Robbie’s family filed a lawsuit this month as they continue to mourn his death.

“Every day, just something new will come up to make us realize how much we miss him and how much we love him,” Sarah said.

The Florida MENTOR Health Center offers services for people with developmental disabilities and medical needs. Sarah said Robbie had been with the Florida MENTOR program for nearly 20 years. He lived at one of their homes and had regularly attended the day care program on the southside.

The lawsuit claims after the caregiver picked him up from his home, they never took him out of the van.

Robbie’s family lawyer said he was left inside the van for hours.

“Robbie literally cooked to death,” Kelley|Uustal Attorney David Hammer said.

There was a heat advisory in Jacksonville that day with temperatures at around 95 degrees. Because of his disability, Hammer said Robbie could not call out for help or unbuckle himself.

“We could not understand how something like this could have happened to our Robbie,” Sarah said. “We trusted his caregivers with his life and expected they would keep him safe and happy.”

JSO’s report said a staff member tried performing CPR, but he was taken to a hospital and pronounced dead.

“One cannot imagine a more horrific way to die, unable to help themselves knowing that he was going to die,” Hammer said. “This must never be allowed to happen again.”

Florida MENTOR is partnered with “Sevita Health”. When Action New Jax first reported this in July, Sevita sent a statement saying in part, “We are deeply saddened by his passing, and our thoughts are with his family and loved ones during this difficult time.” They added they’re committed to the health and safety of the individuals they serve. And they’re cooperating with local and state authorities.

Action News Jax reached out to Sevita and Florida MENTOR again today about the lawsuit, and as of this report, we’re still waiting for a response.

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