Rosewood Care Center Holding Co. accused of failing to pay judgments

The relatives of various deceased former nursing home residents have filed suit against Rosewood Care Center, saying the facility filed for bankruptcy, then began operating under a different name after multiple lawsuits and judgments were rendered against it.

Paul Graves, Dianan Obernuefemann and the Law Office of Robert H. Gregory filed a lawsuit Oct. 23 in Madison County Circuit Court against Bravo Care of Edwardsville,

Rosewood Care Center Holding Company, Michael Brady, Larry Vander Maten and Darrell Hoefling.

In their complaint, the plaintiffs allege their relatives sustained various injuries that led to their injuries or deaths at Rosewood Care Center of Edwardsville.

For example, Alfred Graves fell Jan. 17, 2003, leading to severe injuries, according to the complaint. In August 2003, Paul Graves filed a lawsuit against the nursing home and was awarded a verdict of $149,115.13, according to the complaint.

On July 21, 2010, a jury awarded another verdict to the Law Office of Robert H. Gregory and against the nursing home for $162,087.09, the suit states. It was awarded another judgment for $21,210.05 on April 27, 2012, the complaint says.

Dianan Obernuefemann filed a lawsuit against Rosewood, seeking damages for injuries that Kathleen Adams sustained while living at the nursing home. A jury rendered a verdict in favor of Obernuefemann on March 11, 2013, for $273,607.50, according to the complaint.

Since then Rosewood Care Center has failed and refused to pay the judgments, the suit states.

While two of the cases were pending, Rosewood Care Center changed its name to Hovan Services of Edwardsville and transferred its ownership to Bravo Care of Edwardsville, the complaint says.

"At all times relevant hereto, Rosewood Care Center of Edwardsville and/or Hovan Services of Edwardsville was the mere alter ego for defendant Bravo Care of Edwardsville," the suit states. "Adherence to the fiction of a separate corporate existence for Rosewood Care Center of Edwardsville and/or Hovan Services of Edwardsville would sanction a fraud, promote injustice and result in inequitable consequences."

In their complaint, the plaintiffs seek judgments that they allege were rendered against Rosewood Care Center, plus attorney fees, costs, post-judgment interest and other relief the court deems just.

Attorney Robert H. Gregory, of the Law Office of Robert H. Gregory in East Alton, will be represent the plaintiffs.

Madison County Circuit Court case number: 14-L-1445.