his name was lubin phipps. he disappeared during a picnic at the watkins regional park last fall, and tonight we've learned that the facility in whose care he was is in trouble with state investigators. our kristin wright is in upper marlboro tonight where police found the man's bodyer kristin? >> reporter: yeah, that's right. you know, people had hoped that somehow lubin phipps would be found safe and sound, but instead as you mentioned his body was found here at watkins park. now the assisted living home where he lived is answering a lot of questions. woodmore house assisted living is under the microscope of state investigators. they're monitoring we care adult services at the facility in upper marlboro and fined them $7,500 after a state investigation into the disappearance and death of lubin phipps. we have also learned phipps' family is suing. his daughter struggles with the loss daily. >> just that it just haunts me every day. >> reporter: named in the lawsuit, woodmore house, we care adult services, and

lubin phipps' family says his death haunts them every day. announced today, his children are suing the assisted living home they trusted to take care of him. >> every day i think about him suffering, being out there alone. >> reporter: named in the lawsuit woodmore house assisted living in upper marlboro, we care adult services and quality connection transportation. it accuses neglect and wrongful death. employees at woodmore took phipps and other residents to watkins park the 80-year-old with dementia was able to wander away. he died from hypothermia. >> inexcusably those in charge of his supervision lost him. we're not talking about luggage in an airport. we're talking about losing a human being in a park. >> reporter: the suit says phipps suffered extreme physical pain and severe mental anguish. it seeks unspecified damages of more than $75,000. his daughter says every day is a struggle. >> i try to think about the positive things about him, just to keep me going every day. >> reporter: we did reach out to woodmore house and have not heard