Testimony continued in the retrial of a 2004 suit against Edwardsville nursing home, Rosewood Care Center.

The case opened Tuesday before Madison County Circuit Judge David Hylla. The original trial ended in mistrial in 2007.

Tuesday, the plaintiff began presenting its case a second time, starting with testimony from Paul Graves. Witnesses for the plaintiff testified Wednesday.

Paul Graves, suing on behalf of his father's estate, contends that Rosewood was negligent in a 2003 fall his father suffered while at the facility. He argues that the nursing home ignored procedures mandated by state law and that his father, who fell on the way to the bathroom, did not receive appropriate care from the home's staff.

Paul Graves is seeking damages of at least $50,000 and costs.

Defense attorney Dennis McCubbin argues that the fall was an accident and that Alfred Graves, Paul Graves' 80-year-old father, was provided with as much care as staff was able to give him.

According to the defense, Alfred Graves, who suffered from some dementia, had refused staff instructions. He was also able, the defense said, to move freely with the aid of a cane and his doctor had not ordered the home to keep him in bed.

The trial will resume between 9 and 9:30 a.m. Thursday.

The case is Madison case number 03-L1166.

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