Christina Stueve Hodges Jan. 30, 2013, 11:52am

A hearing in a nursing student’s case against Freeburg Care Center and Beck Career Center Charitable Foundation is planned Feb. 12 in St. Clair County Circuit Judge Andrew Gleeson’s courtroom.

Beck Area Career Center will have its motion to dismiss heard on that date.

The case involves plaintiff Yvonne Roby who filed suit last June, alleging she was working as a student at Freeburg Care Center in April 2011 when she was assigned with another student to lift a patient from his bed. As Roby and her fellow student attempted to perform their job duties, the patient collapsed onto Roby, according to the complaint.

Freeburg Care Center and Beck Career Center are accused of negligently assigning her to lift a patient without adequate support, assigning her to lift a patient who could not support himself, failing to properly supervise Roby, failing to provide Roby with adequate equipment and failing to adequately train Roby on the lifting needs of certain patients.

According to the November motion to dismiss, the cause of action in Roby’s complaint was not commenced within one year of her alleged injury.

The plaintiff’s claims against Beck are barred, its motion to dismiss states. It further states that Beck’s instructor and supervisor at Freeburg had no role in determining whether the patient in the complaint should be lifted or moved with a Hoyer lift.

The plaintiff’s lawsuit is a claim for tort of educational malpractice and/or negligence, not recognized in Illinois, according to the motion to dismiss.

In addition to her back injuries, Roby endured pain, suffering, disability; incurred medical costs; lost her enjoyment of life; and suffered an impaired ability to earn income because of the incident, her suit states.

She seeks an unspecified judgment, plus costs and other relief.

Roby is represented by David N. Damick of The Law Offices of David N. Damick in St. Louis.

Dennis Weedman and Belinda Becker of Robbins, Schwartz, Nicholas, Lifton & Taylor represent Beck Area Career Center.

St. Clair County Circuit Court case number: 12-L-299.

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