A Poway nursing home is being sued for letting a 70-year-old man bake to death in the sun, a Unit 10 Investigation reported Thursday.

The family of Bruce Lemoine told 10News that they had carefully chosen Manor Care in August 2001. Two months later, he was dead.

In the late morning of Oct. 13, Lemoine, confined to a wheelchair, asked another patient to wheel him out onto the patio. A staff member approved -- something that should not have happened, according to family attorney Joe Price.

Price told 10News that Lemoine's medication specifically stated that exposure to the sun could have severe effects on his body temperature.

More than two hours after being wheeled out into the sun, Lemoine was found sitting in his wheelchair "with his head slumped forward," according to a state investigation. His chest and extremities had a "bluish discoloration."

Staff placed Lemoine in ice, but even two hours later his body temperature was "more than 101 degrees," the state investigation said.

Lemoine died of exposure and heat stroke. The state of California eventually fined Manor Care $95,000.

Lemoine's family told 10News that no one from Manor Care ever contacted the family to offer condolences or to even acknowledge Lemoine's death.

Representatives from Manor Care denied a request for an interview but said the company plans to fax a response from their corporate offices in Ohio.