Suit claims Edwardsville Terrace failed to prevent resident's drowning

Kelly Holleran Jan. 7, 2010, 6:57am

The brother of a deceased man blames an Edwardsville nursing home for his brother's drowning death while taking a bath.

Joseph A. Halley, special administrator for his deceased brother, Christopher Halley, filed a lawsuit Dec. 31 in Madison County Circuit Court against Community Living Options doing business as Edwardsville Terrace.

Joseph Halley claims Christopher Halley lived at Edwardsville Terrace on April 26 when he drowned while talking bath.

Because of their brother's death, Joseph Halley and his four siblings have suffered grief, sorrow and mental suffering and have been deprived of their brother's society, companionship, love and affection, according to the complaint.

In Joseph Halley's suit, he blames employees at Edwardsville Terrace for causing his brother's death, saying they failed to provide adequate supervision, failed to protect Christopher Halley from neglect, failed to provide nursing care 24-hours per day and seven days per week and failed to provide enough nursing staff to provide 24-hour nursing services. In addition, employees failed to ensure a nursing plan to meet Christopher Halley's needs was established, failed to operate the facility in compliance with all federal and state laws, failed to provide services to maintain Christopher Halley's highest physical, mental and psycho-social well-being, failed to implement policies that prohibit neglect and failed to ensure supervision of residents with special needs, the suit states.

Joseph Halley seeks a judgment of more than $50,000, plus attorneys' fees, costs and other relief the court deems just.

J. Michael Weilmuenster and J. Brian Manion of Weilmuenster and Wigginton in Belleville will be representing him.

Madison County Circuit Court case number: 09-L-1413.

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