A 2004 negligence suit against an Alton nursing home is set for trial Monday.

The complaint in the suit was not available in the case file, however the case involves plaintiff Clifford Emons who is suing Rosewood Care Center Inc. of Alton as executer of the estate of Jane Schwartz.

The trial will take place despite a defense move in August asking Madison County Circuit Judge Andy Matoesian to move the trial date to 2010.

Defense attorney Dennis McCubbin moved to postpone the Sept. 24 trail Aug. 21.

McCubbin also is representing a Rosewood nursing facility in Edwardsville in a separate negligence suit before Madison County Circuit Judge David Hylla.

In his Aug. 21 motion, McCubbin had argued for the trial's move due to another trial he has scheduled in Will County Sept. 28.

The trial is set to begin at 9 a.m.

Emons is represented by Doug Mendenhall.

The case is Madison case number 04-L-535.

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