Hylla denies motion in limine, allows trial in case against Gateway Medical Center, nurse

Amelia Flood Jun. 20, 2011, 2:00am


Madison County Circuit Judge David Hylla has denied a move to exclude parts of a woman's medical bill while letting the plaintiffs in the suit against Gateway Regional Medical Center and one of its nurses go to trial today over defense objections.

Hylla entered the order in the case filed by Sharon and Charles Daniele.

Gateway's owners, Granite City Illinois Hospital Company LLC, and nurse Ruth Droste had moved to exclude parts of plaintiff Sharon Daniele's medical bills, arguing jurors shouldn't see bills that included over $600 the hospital wrote off.

Sharon Daniele and her husband, Charles Daniele, are suing Gateway and Droste for allegedly failing to monitor Sharon Daniele when she was admitted to Gateway with vertigo and dizziness in 2006.

While there, Sharon Daniele fell in the bathroom and injured her arm and wrist.

Charles Daniele claims as a result of his wife's injuries that he has lost her consortium.

The Danieles are seeking damages in excess of $300,000 and other relief.

The defendants have denied the claims.

They moved unsuccessfully in 2009 to have the case dismissed.

Gateway and Droste argued that the plaintiffs had not provided affidavits necessary to sue them under the Illinois Healing Art Act.

Hylla denied the dismissal later that year.

In Hylla's latest order in the case, the judge finds that the plaintiffs can proceed to trial and do not have to prove a violation of the state's standard of care for medical malpractice as
the plaintiffs are going ahead on negligence claims.

The judge also allowed the defendants to present a nursing expert's testimony at trial.

The trial is set to start at 9 a.m.

Stephen Evans represents the plaintiffs.

Richard Behr represents the defendants.

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

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