Rosewood Care Center plaintiff asks for new schedule after expert witness dies

Amelia Flood Jan. 4, 2011, 5:56am


The plaintiff in a negligence suit against Rosewood Care Center is asking for a new case management schedule due to the death of one of her experts.

Madison County Circuit Judge David Hylla is set to hear the move for the new schedule Friday at 9:30 a.m.

According to her Dec. 1 motion, plaintiff Diana Obernuefemann, the executor of the estate of Kathleen Adams, intended to retain Dr. Leonard Naeger as an expert in her suit.

Naeger has died.

The plaintiff argues that a new case management order is needed in the suit to allow for time to retain and disclose a new expert.

Obernuefemann is suing Rosewood for allegedly failing to inform Adam's family of a deterioration of her condition while under the nursing home's care in June 2006.

The suit seeks damages in excess of $50,000 and costs under the state's Nursing Home Care Act and Wrongful Death Act.

Two defendants in the case, Larry Vander Maten and Darrell Hoefling, were dismissed from the suit last year.

The case pits plaintiff's attorney Robert Gregory and defense counsel Dennis McCubbin against one another once again.

The two litigated two cases involving Rosewood claims in a year's time, with one verdict going to McCubbin and the other to Gregory.

The case is Madison case number 07-L-239.

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