Hylla to oversee trial in couple's suit over wife's fall at Gateway Regional

Amelia Flood Jun. 16, 2011, 9:47am


Madison County Circuit Judge David Hylla is set to open a personal injury trial in a case brought against Gateway Regional Medical Center and a nurse.

Plaintiffs Sharon and Charles Daniele are suing Gateway's owners, Granite City Illinois Hospital Company LLC, and nurse Ruth Droste for damages in excess of $300,000 and other relief over injuries Sharon Daniele claims to have suffered in 2006 while at the hospital as a patient.

The Danieles claim that Droste didn't properly monitor Sharon Daniele while she used the bathroom and that Sharon Daniele fell and injured her left arm and wrist as a result.

The Danieles claim the hospital did not have the proper amount of trained staff to prevent the fall.

Charles Daniele claims to have lost his wife's affection, love and consortium.

The trial is set to open at 9 a.m. on June 20.

The defendants denied the plaintiffs' claims and sought to have the suit dismissed in 2009.

The defendants pointed to the Illinois Healing Art Malpractice Act and that the plaintiffs did not file the required affidavit or report review from a healthcare professional.

The defendants also claimed the plaintiffs did not state claims for relief with regard to Charles Daniele's loss of society claims.

Hylla denied the motion in November 2009.

In his November 20, 2009 order denying the dismissal, the judge deemed that the case did not require the analysis mandated by the Healing Art Act and that the case didn't meet the criteria needed to fall under the act's jurisdiction.

The most recent action in the case saw the filing of a motion in limine June 10.

The motion, filed by Gateway, asks Hylla to bar the use of certain medical bills at trial by the plaintiffs.

The defendant does not want the plaintiffs to be able to use bills that include $692.10 that the hospital wrote off.

Stephen Evans represents the plaintiffs.

Richard Behr represents the defendants.

The case is Madison case number 08-L-1218.

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