Madison - St. Clair Record

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Nursing home owners accused of failing to pay verdict and fees to argue motion to dismiss Oct. 30

By Ann Maher | Sep 29, 2014

Defendants accused of failing to pay a $20,000 jury verdict and $99,000 in fees and costs arising from a nursing home injury case decided six years ago in Madison County, will argue their motion to dismiss on Oct. 30 in Circuit Judge William Mudge's court.

Clifford C. Emons and Smith, Mendenhall, Selby and Cole of Alton filed suit last September against Bravo Care of Alton, Alton Real Estate, Michael Brady, Larry Vander Maten and Darrel Hoefling.

Emons, who was administrator of the estate of Jane Schwarz, argues that a jury found Rosewood Care Center of Alton liable for a fall injury Schwarz suffered at the facility on May 27, 2002, which led to her death.

He sued in 2004; the verdict was reached in 2009.

Emons claims Rosewood Care Center transferred ownership and assets to Bravo Care between the period of time when Schwarz was injured and when the judgments were reached.

He states that while the claim was pending, Rosewood Care Center became Hovan Services of Alton. However, Hovan Services voluntarily dissolved in June 2010, without assets to satisfy the judgments or other claimants who sued Rosewood, Emons claims. He also states Rosewood Care Center and Hovan Services failed to carry liability insurance for injuries to residents and also failed to have any form of security for liability.

He argues that the nursing home and its owners have attempted to evade payments by divesting assets to their owners and managers, defendants Brady, Maten and Hoefling.

In their motions to dismiss, the defendants argue that the plaintiffs' complaint is legally insufficient to state a claim and should, therefore, be dismissed. In the alternative, they ask the court to order plaintiffs to make "more definite and certain the allegations."

Doug Mendenhall of Smith, Mendenhall, Selby and Cole represents the plaintiffs.

Alton Real Estate, Hoefling and Vander Maten are represented by Steven Hamburg of Clayton, Mo.

Bravo Care and Brady are represented by Kevin Hoerner of Belleville.

Circuit Judge Andreas Matoesian had initially been assigned to the case.

Bravo Care and Brady moved for substitution without cause as a matter of right on April 8. Chief Judge Dave Hylla granted the motion on April 14.

Madison County Circuit Court case number: 13-L-1641.

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