BEVERLY — At 93, Frances Wosmek was still a woman on the go, taking twice-daily walks through her Magnolia neighborhood and still able to drive to see friends.
But that changed one night in March, when Wosmek drew her bath.
Now, she's recovering from what her lawyer called "horrific" burns, some so bad she had to have surgery to remove sections of skin.
A lawsuit filed this week in Salem Superior Court alleges that the management company for the Lexington Avenue condo complex where Wosmek owns a unit is responsible for failing to correct fluctuating water temperatures.
The lawsuit, filed on Wosmek's behalf by Marblehead attorney Jeffrey Newman, names E.P. Management Corp. of Beverly, owner Ronda Ziner and property manager Toni Curcuru.
Wosmek, a well-known children's book author, poet and artist, still lived on her own, with visits from a home health aide.
On the evening of March 28, she got into the bathtub. The following morning, she was found, wrapped in towels and covered with first-, second- and third-degree burns to her back and legs, by the aide, her lawyer said.
Wosmek spent 21/2 weeks at Massachusetts General Hospital, where she had to undergo surgery to remove the most severely burned tissue, and then several more weeks at Spaulding Rehabilitation Hospital, Newman said.
The burns were "fairly extensive," Newman said.
Wosmek has incurred an estimated $200,000 in medical bills so far, and that total is expected to rise, Newman said.
"It's a significant case," said the lawyer, who hopes to put the case on a "fast track" because of Wosmek's age.
"These types of occurrences are not infrequent," Newman said. "The issue of scalding among elderly people doesn't receive enough attention."
He said an investigation has turned up prior complaints from residents about the fluctuating water temperature, including one complaint last October that the water coming from the tap was "scalding." The resident told management in an email that two people had been in the furnace room making adjustments.
Curcuru allegedly responded by saying that there had been complaints about the water not being warm enough, and that plumbers had made a seasonal adjustment to the water temperature to account for colder water coming into the building.
Newman said in an interview that the water was simply too hot, hotter than the 130-degree maximum allowed under state code.
Charlie Perkins, a lawyer for the management company and Ziner, disputed the allegation, saying that an inspection on April 12, about two weeks after the scalding, found that the water temperature did not exceed 130 degrees.
Perkins also said that the fixtures in Wosmek's unit were of an older style than the modern, single-control device, something that is now required whenever a bathroom is renovated.
"It's unfortunate that it happened," Perkins said, "but it happened as a result of something that is the condominium owner's responsibility."
Courts reporter Julie Manganis may be reached at 978-338-2521 or jmanganis@salemnews.com.
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