A plaintiff who won nearly $150,000 after a second nursing home negligence trial has filed to a motion to compel just weeks before a hearing on attorney's fees.

Plaintiff Paul Graves filed the motion May 6, asking that defendant Rosewood Care Center of Edwardsville respond to his interrogatories regarding fees.

The motion to compel is set for hearing May 21 at 9:30 a.m.

Paul Graves sued Rosewood for allegedly failing to monitor his father, Alfred Graves, while he was at the Edwardsville facility.

Alfred Graves then fell, injuring his hip.

The first trial ended in a mistrial when the jury failed to reach a verdict.

The second trial ended in April 2009 when a jury awarded Paul Graves $149,115.13.

Rosewood had asked for a new trial based on the presence of a St. Louis plaintiff's attorney on the jury.

Madison County Circuit Judge David Hylla denied that move.

The fees hearing is set for May 26 at 1:30 p.m.

Meanwhile, Rosewood's appeal has been stayed at the defendant's request until Hylla rules on the fees issue.

According to the May 6 motion, Rosewood has never responded to interrogatories asking for information on the fees paid to Rosewood's former attorneys from the Belleville firm of Becker, Paulson, Hoerner & Thompson P.C., fee arrangements and alleged "scheme" of Rosewood's current attorneys Dennis McCubbin and Christie Eckhardt.

Those interrogatories were served March 31.

The defendants have not filed a motion in opposition to the plaintiff's request for attorney's fees to date, although McCubbin has indicated in the past that he may object.

The plaintiff asks that Hylla order Rosewood to respond so the action in the case may proceed.

Graves is represented by Robert Gregory.

The case is Madison case number 03-L-1166.

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