Suit against Rosewood claims resident fell

Steve Gonzalez Dec. 4, 2007, 10:00am

Rosewood Care Center in Edwardsville

The estate of a man who was a resident at Rosewood Care Center in Edwardsville filed a wrongful death suit claiming Rosewood failed to provide for the care and safety of its residents.

According to the complaint filed Nov. 29 in Madison County Circuit Court, Joe Chiapelli was a resident at Rosewood for 14 days in December 2005.

Seeking damages in excess of $150,000, Chiapelli's estate alleges he fell out of his bed on three separate occasions and fell out of a wheelchair on one occasion which caused injuries to his head. The suit claims the last occasion ultimately led to his death.

In addition, the estate alleges Chiapelli experienced pain and suffering and medical expenses prior to his death.

His estate claims Rosewood negligently and carelessly failed to take adequate precautionary measures to prevent him from falling, failed to provide adequate equipment to assure that he would not injure himself, failed to properly supervise and attend him and failed to properly assess his risk of falls.

The estate is represented by H. Carl Runge, Jr., of Collinsville.

The case has been assigned to Circuit Judge Daniel Stack.

On Oct. 19, a Madison County jury sided with the family of Rosewood Care Center resident Margaret Schwab, but only awarded it $58,000, a fraction of the $1 million in damages they sought.

The lawsuit was brought in 2004 by Thomas Schwab, who claimed Margaret Schwab's neck and back injuries suffered during a fall in her room on Dec. 21, 2003 led to her death.

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