Family alleges staffing failures allowed a Florida resident with dementia to become trapped in a walk-in freezer for hours.
PASCO COUNTY, Fla. — The family of an 83-year-old Navy veteran who died after being found inside a walk-in freezer at a Florida memory care facility has filed a wrongful death lawsuit, alleging that inadequate supervision and staffing failures allowed him to wander unnoticed for hours before suffering fatal hypothermia.
William “Gene” Ray, a retired chief petty officer and resident of The Waverly Assisted Living and Memory Care facility, died after an incident on Sept. 26, 2025. The lawsuit, filed in Pasco County in May, accuses the facility of negligence and claims employees failed to monitor a resident known to wander because of dementia. The case raises questions about staffing levels, resident safety protocols, and the responsibilities of assisted living facilities caring for vulnerable patients.
According to the complaint, Ray moved into the facility in May 2025 after his dementia symptoms progressed. Family members said he frequently became confused and often searched for his wife of 55 years, who did not live at the residence. Staff allegedly knew he had a history of wandering. On several occasions before his death, employees reportedly found him in other residents’ rooms and once discovered him outside the building. The lawsuit contends these incidents demonstrated that Ray required close supervision and should have been considered a high-risk resident.
Surveillance footage cited in the lawsuit allegedly shows Ray leaving his room around 12:30 a.m. on Sept. 26. For the next several hours, he walked through various areas of the facility without intervention. The complaint states that he entered and exited the kitchen and freezer area multiple times before eventually walking into the freezer at approximately 4:30 a.m. The door then shut behind him, leaving him trapped inside. Family members monitoring a camera in Ray’s room reportedly noticed he was missing and called the facility shortly after 7 a.m. to alert staff. Employees began searching and found him in the freezer about an hour later. He was described as barely conscious and suffering from severe hypothermia.
Medical personnel transported Ray to a hospital, where doctors recorded a body temperature of approximately 66 degrees. He later died from complications associated with hypothermia, according to the lawsuit. The complaint argues that the outcome was preventable and alleges that staff members failed to recognize his absence for hours. Attorneys representing the family claim that a properly supervised resident would have been encountered and returned safely to his room long before reaching the freezer. They also argue that the kitchen area should have been secured during overnight hours when kitchen staff were not present.
The lawsuit points to broader concerns regarding staffing at the facility. Following the incident, state regulators conducted a review of operations. Findings cited by the family indicate that a single employee was responsible for monitoring 48 residents during the overnight shift when Ray disappeared. Family attorney Steve Barnes said those staffing levels reflected systemic problems that contributed directly to the tragedy. The lawsuit alleges that the facility failed to provide adequate personnel, training, and supervision for residents requiring memory care services.
Ray’s daughter, Kristen Spencer, described the moments after she rushed to the facility when she learned her father was missing. Spencer said staff members placed her in a conference room while employees searched the building. She recalled being stunned when an administrator informed her that her father had been found inside the freezer. Spencer said she initially struggled to understand what she was hearing and described the experience as overwhelming. Family members have said the circumstances surrounding Ray’s death continue to haunt them months after the incident.
The Waverly has denied the allegations contained in the lawsuit. In a statement issued after the filing, the facility said it could not discuss details of pending litigation but disputed the claims and indicated it would defend itself in court. No court findings have yet been made regarding liability, and the allegations remain unproven. The lawsuit seeks damages for wrongful death and negligence. Court records indicate the case is in its early stages, with both sides expected to exchange evidence and conduct discovery in the months ahead.
The case has drawn attention because it involves a resident with documented cognitive impairment living in a specialized memory care environment. Advocates for older adults have long highlighted the challenges assisted living facilities face when caring for residents who may wander or become disoriented. The allegations in Ray’s case place renewed focus on staffing practices, overnight monitoring procedures, and facility security measures designed to prevent vulnerable residents from accessing dangerous areas.
As of Friday, the wrongful death lawsuit remains pending in Pasco County. Future court hearings and discovery proceedings are expected to determine whether the case moves toward trial or settlement discussions. The central questions remain whether adequate safeguards were in place and whether additional supervision could have prevented Ray’s death.
Author note: Last updated June 5, 2026.