The nephew of a man who died after falling at a nursing home is suing the home, saying it allowed the man to fall.

John Cowan says his uncle, Leroy Cowan, was a patient of Cahokia Nursing and Rehabilitation Center when Leroy Cowan fell and suffered a subdural hematoma on March 22, 2002.

On March 31, 2002, Leroy Cowan died of the subdural hematoma, according to the complaint filed March 31 in St. Clair County Circuit Court.

Before his death, Leroy Cowan suffered extreme pain and a loss of consciousness, the suit states.

Leroy Cowan's fall and injuries were caused because Cahokia allowed him to walk without supervision, failed to restrain Leroy Cowan to prevent him from falling, failed to instruct Leroy Cowan about moving with the help of an aide and failed to warn Leroy Cowan about the risks of moving without assistance, the complaint says.

John Cowan is seeking a judgment in excess of $50,000, plus costs.

Leonard P. Cervantes and John H. Marshall of Cervantes and Associates in St. Louis will be representing him.

St. Clair County Circuit Court case number: 09-L-162.

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