Attorneys no shows at Rosewood fee dispute hearing

Amelia Flood May 24, 2010, 11:30am


Two attorneys battling over fees from a retrial of a 2003 negligence case against Rosewood Care Center of Edwardsville were no shows at a Friday hearing related to those fees.

Neither plaintiff's attorney Robert Gregory nor defense attorney Dennis McCubbin showed up for the 9:30 a.m. hearing on Gregory's motion to compel before Madison County Circuit Judge David Hylla.

There have been no filings or docket entries to shed light on why both attorneys failed to appear.

The motion to compel relates to discovery on the fees issue.

Hylla is set to hear arguments for and against awarding Gregory fees Wednesday at 1:30 p.m.

Gregory filed for the statutory attorney's fees after winning a nearly $150,000 verdict for client Paul Graves last year.

Graves sued the Edwardsville nursing home for allegedly failing to monitor his father, Alfred Graves, while he was a resident there.

Alfred Graves fell and suffered a hip injury.

The original trial ended in a mistrial after the jury failed to reach a verdict.

Gregory filed his motion to compel alleging that McCubbin had failed to respond to discovery requests.

McCubbin responded that Gregory's discovery requests amounted to nothing more than a "fishing expedition" and that they were overly broad.

The two attorneys have faced off in several cases related to Rosewood.

Each has taken home at least one verdict in the last year.

The Graves case is Madison case number 03-L-1166.

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