The family of 84-year-old Hope Shepard are suing East London's Berea Gardens Retirement Foundation.
Shepard was allegedly assaulted in two separate incidences by a 40-year-old nurse Ncediswa Mkhenkcele at the Foundation in February.
The Foundation's Executive Director Michael Schulze confirmed that Shepard's family is suing them because he has received papers from their Johannesburg based law firm Marshall Attorneys.
Schulze says they have video footage of the incident .
Mkhenkcele who is currently out on warning resigned immediately when she was confronted.
Schulze added that further details regarding the law suit filed against their Foundation be communicated with NFB insurance brokers who is their insurer.
When Algoa fm news contacted the insurance brokers, their representative said they are not able to comment regarding the case as they don't want to breach their contract with any of their clients.
Marshall Attorneys's Clifford Marshall admitted that he is aware of the law suit but cannot answer to it as Sean guild who is the attorney responsible for it is away on leave.
Meanwhile Mkhenkcele is due to appear again in the East London Magistrate court on 5 June.
