Trial off in suit against St. Mary's Health Care Center

Amelia Flood May 31, 2011, 7:35am

A trial set this coming Monday is off as Madison County Circuit Judge William Mudge has given the parties in a negligence suit against the owners of Edwardsville Nursing & Rehab Center more time to file pleadings related to a motion to dismiss two counts of the suit and to a sanctions move.

Mudge had been set to open the trial of the case brought by plaintiff Ronnie Williams on behalf of the estate of Wilburn Williams June 6 at 9 a.m.

Ronnie Williams is suing St. Mary's Health Care Investors LLC, doing business as the Edwardsville rehab center for damages in excess of $50,000 a count and other relief.

According to the plaintiff's second amended complaint, Wilburn Williams was a resident of Edwardsville Nursing & Rehab Center on Dec. 29, 2007 when he fell, dislocated and broke his hip.

Ronnie Williams claims that the defendants failed to report Wilburn Williams' injury in a timely manner, did not notify his doctor of changes in his condition, and did not take the needed precautions to prevent an accident like the one Wilburn Williams suffered.

The defendant has moved to dismiss two counts of the second amended complaint related to Administrative Code provisions.

According to Mudge's May 20 order in the suit, Ronnie Williams has until June 1 to file legal memoranda opposing the dismissal of the counts and in relation to his sanctions plea.

St. Mary's has until June 15 to file its responses.

Following the submissions, the court will then rule on the two pending issues.

Mudge heard oral arguments on both matters in March.

Robert Gregory represents the plaintiff.

Kevin Babb represents the defendant.

The case is Madison case number 09-L-006.

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