Lawsuit accuses agency of negligence

UCP worker intentionally burned adult with hot water

October 10, 2012 12:00 AM

STOCKTON - The mother of a mentally disabled man has filed a lawsuit against United Cerebral Palsy after one of the organization's caretakers burned her son with scalding water.

Court documents say former employee Matthew Telena placed the victim in a blistering shower after the client had soiled himself.

Telena pleaded guilty to felony charges in criminal court and is serving a one-year sentence in the San Joaquin County Jail for the abuse.

The victim's mother, Deanne Padilla, is suing the organization, claiming negligence and dependent adult abuse. Telena additionally is being sued for negligence, battery and assault.

"It appears this guy was unfit to be around and taking care of these disabled individuals," said Padilla's attorney Ray Waters of the Stockton law firm Drivon, Turner & Waters. "It's a horrible way to treat people who are in that position."

Padilla said prior to the burning incident, she had called the organization multiple times to complain that Telena was not caring for her son properly, and she suspected he caused an injury to her son's nose, her lawsuit says.

She said they didn't take action to protect her son. Her suit also alleges the organization had hired Telena even though he had a criminal record.

"Defendant UCP in conscious disregard of the rights and safety of plaintiff, continued to employ defendant Matthew Telena with actual knowledge of the unfitness of him, exposing plaintiff, to the risk of injury," the suit says.

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Lawsuit accuses agency of negligence