Wrongful death trial against Rosewood Care Center is under way

Steve Gonzalez Oct. 11, 2007, 10:29am

Rosewood Care Center in Edwardsville

Opening statements began today in Madison County Circuit Judge Nicholas Byron's courtroom in a case against Rosewood Care Center of Edwardsville.

Thomas Schwab filed the case in 2004, alleging his wife's head and neck injuries led to her death.

According to the complaint, Margaret Schwab was injured on Dec. 22, 2003, when she fell in her room at Rosewood.

Thomas alleges Rosewood negligently and carelessly failed to properly supervise and attend to Margaret, failed to provide her with adequate equipment and facilities to assure she would not injure herself while sleeping or in bed, failed to properly train their employees and failed to take precautions so Margaret would not fall out of her bed, or fall while attempting to go to the bathroom.

Thomas claims prior to Margaret's death, her injuries caused her to have pain and suffering, medical expenses and a disability.

Before the trial began, Rosewood filed motions in limine to stop the plaintiff from introducing any evidence of criminal charges against any of their witnesses.

Rosewood is represented by Stephen Strum, who contends any criminal records of witnesses are highly prejudicial.

Strum also filed a motion in limine asking Byron to exclude evidence that was allegedly made by the "laundry lady" that there was "blood everywhere" in Margaret's room.

Strum argues that that statement was clearly hearsay and would only be offered for no other purpose than to prove the truth of the matter asserted.

Thomas is represented by Lance Mallon of Wood River and Craig Jensen also of Wood River.

The trial is expected to last nearly a week.

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