Jury awards plaintiff $149,115.13 in Rosewood negligence trial

Amelia Flood Apr. 27, 2009, 8:41am


A Madison County jury has awarded a plaintiff in a negligence trial close to $150,000 in damages.

Jurors deliberated late into the evening Friday before finding for Paul Graves in his suit against Rosewood Care Center of Edwardsville.

Madison Circuit Judge David Hylla presided.

The 2003 case was brought by Graves on behalf of his deceased father's estate. According to the Paul Graves, Alfred Graves received inadequate care while at Rosewood Care Center of Edwardsville and that lack of care and violations of the home's own procedures led him to fall and break his hip.

The jury awarded Graves damages for his father's loss of life experienced, pain and suffering and medical expenses. The largest damages were for the loss of life the jury found Alfred Graves, the plaintiff's father, experienced after a fall at the nursing home in January 2003. Those damages totaled $75,000. An additional $30,000 was given for Alfred Graves' pain and suffering and over $44,000 for his medical and nursing expenses.

Rosewood argued that the fall was an accident that had nothing to do with the care Alfred Graves received. McCubbin pointed to the "risk of being alive" in his closing arguments and had asked the jury to find against Graves.

The case originally ended in a mistrial in 2007. The first jury deliberated for over 10 hours without reaching a verdict.

The case was Madison case number 03-L-1166.

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