Trial opens in Rosewood Care Center negligence suit

Amelia Flood Feb. 16, 2010, 9:19am

Jury selection lasted well into the afternoon Tuesday as the trial of a negligence case against Rosewood Care Center of Edwardsville got under way.

Attorneys for both sides were still questioning jurors as of 3:15 p.m. Tuesday.

Plaintiff Martha Flanary claimes Rosewood violated the Nursing Home Care Act while Gerald Flanary was a patient.

Gerald Flanary was at the facility in 2003 when a foot condition suddenly worsened.

According to the complaint, the nursing home failed to notify Gerald Flanary's next of kin or appropriately care for him.

Rosewood disputes the claims.

Martha Flanary is seeking at least $50,000 in damages.

The trial will resume Wednesday.

Plaintiff's attorney Robert Gregory faced off with defense counsel Dennis McCubbin last year in a suit brought by a patient's son over his father's fall at the facility.

Gregory won the case.

Rosewood is appealing that verdict.

Madison County Circuit Judge Barbara Crowder is assigned to the case. However, Madison County Chief Judge Ann Callis was overseeing Tuesday's trial as Crowder had been scheduled to hear another suit set to begin trial Tuesday.

The Flanary case is Madison case number 05-L-747.

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