Heather Isringhausen Gvillo Sep. 18, 2013, 11:02am

A nursing home accused of allowing a patient to develop a staph infection and remain soaked in her urine for hours, causing a severe rash, filed a motion to dismiss and is demanding a trial by jury.

According to the complaint, Christina Ewing claims employees at Cahokia Nursing and Rehabilitation Center and Robings Manor allowed her to develop blood poisoning from a staph infection, causing her great pain and discomfort.

She alleges that employees failed to notify her physician of the deteriorating condition of her decubitus ulcers, which staff allowed to develop on the insteps of Ewing’s feet. They are also accused of allowing Ewing to lie in her own urine for hours or days, causing severe rash and additional decubitus ulcers, the complaint says.

Cahokia Nursing Home seeks to dismiss the complaint stating that it is legally and factually insufficient at law. The nursing home says that Ewing failed to properly allege defendant’s duty to plaintiff, she failed to allege sufficient facts to establish a claim and she failed to plead sufficient facts for willful and wanton conduct, according to its motion filed on Sept. 4.

“Illinois is a fact-pleading state,” the motion states, “and a pleader must state facts essential to her cause of action that reasonably informs the opposing part of the nature of her claim. Plaintiff fails to allege sufficient facts to establish a claim.”

Cahokia Nursing and Rehabilitation Center alleges that Ewing failed to specify what duty it owed her and what conduct it is measured against to justify negligence.

The motion also states that Ewing grouped all allegations together against both nursing homes but failed to specify which was allegedly guilty of what.

“It is impossible for this defendant to determine if the statue of limitations ran regarding any allegations directed against it based on the allegations in the complaint,” the motion states.

Ewing seeks a judgment of more than $50,000, plus costs and attorney’s fees.

Todd W. Sivia, Ashley S. Day and Jordan P. Koerner of Sivia Business and Legal Services in Edwardsville are representing Ewing.

Jeffrey L. Dunn and Jamie L. Bracewell of Sandberg, Phoenix & Von Gontard, PC in St. Louis, are representing Cahokia Nursing and Rehabilitation Center.

St. Clair County Circuit Court case number 13-L-380

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