Inset: William “Gene” Ray (Barnes Trial Group). Background: The Waverly Assisted Living and Memory Care in Florida (Google Maps).
A Navy veteran suffering from dementia inadvertently left his room at a Florida nursing home and found himself trapped in the facility’s walk-in freezer, where he remained for four hours, according to a lawsuit.
The family of 83-year-old William “Gene” Ray became aware of his absence when they noticed through a Ring camera that he was missing from his room at The Waverly Assisted Living and Memory Care facility. They promptly informed the staff, who then realized Ray had wandered off, as stated in the lawsuit filed in May in Pasco County. A search of the premises led to Ray being discovered in the freezer, cold and barely conscious.
Ray was urgently taken to the hospital but succumbed to hypothermia, with his body temperature recorded at just 66 degrees.
Ray’s family has initiated a lawsuit citing wrongful death and negligence, arguing that the facility did not provide adequate supervision and care for the former Navy chief petty officer.
The lawsuit argues, “If the facility had been properly staffed or if the on-duty staff had been attentive and diligent, they would have intercepted Mr. Ray wandering and guided him back to safety, thus preventing his tragic death. Moreover, if the kitchen doors had been secured during off-duty hours, Mr. Ray would not have met his end in the freezer on September 26, 2025.”
In a discussion with local ABC affiliate WFTS, Ray’s daughter, Kristen Spencer, recounted her immediate rush to the facility upon realizing her father was missing. Upon her arrival, she was placed in a conference room as the staff continued their search for Ray.
“The director came in and said they found him, and then she said he was in the freezer,” Spencer said. “And I said, what do you mean he’s in the freezer? I couldn’t even believe the words that I was hearing. From there it was just unbearable.”
Ray moved into the nursing home in May 2025. From the outset, Ray was known to wander off from his room in search of his wife of 55 years, who did not live at the facility, per the lawsuit. He would walk into other residents’ rooms and would mumble “incoherently.” One time, staff found him walking outside.
As the months went on, he continued to exhibit confusion, at one point thinking that the year was 2010.
On the day of Ray’s death, surveillance camera footage showed him leaving his room around 12:30 a.m. For the next four hours, he walked around the nursing home unnoticed by staff. He walked in and out of the kitchen and freezer several times during that period. At around 4:30 a.m., he walked into the freezer and the door shut behind him, locking him inside, the lawsuit said.
His family called the nursing home shortly after 7 a.m. to alert staff of his disappearance. They found Ray in the freezer about an hour later.
The Agency for Healthcare Administration issued a critical report on The Waverly, saying it had only one person watching 48 residents at the facility on the night of Ray’s death, WFTS reported.
“There were systemic failures in staffing that we believe directly led to Mr. Ray’s death,” Ray’s family attorney Steve Barnes told the TV station.
In a statement to WFTS, the assisted living facility defended its actions related to Ray’s death.
“The Waverly acknowledges that a lawsuit has been filed by Mr. Ray’s family concerning his residency at the community and the circumstances surrounding his passing. While the Waverly cannot comment in detail on pending litigation, it strongly disputes the allegations asserted against it and intends to vigorously defend itself through the legal process,” the statement said.
