Two nurses named as defendants in a long-running wrongful death case are out of the suit a week before trial is set to begin.

Madison County Circuit Judge Andreas Matoesian granted nurses Sally Day and Helen Long summary judgment Friday morning, finding that the plaintiff in the suit, Margaret Boehler, the special administrator of the estate of Marilee Midden, had failed to provide a doctor's testimony naming how the two nurses may have caused the death of Midden in 2002.

Boehler had sued Dr. Rebekka Christie and Alton Memorial Hospital along with the nurses for allegedly failing to properly treat Midden when she came to the hospital's emergency room with a heart issue and botching a transfer.

Midden died from the condition.

The suit seeks damages of at least $50,000.

The trial is set to begin Aug. 16 at 9 a.m.

The nurses' attorney, Theodore MacDonald, pointed to the lack of a doctor's testimony that his clients caused Midden's death.

"Their experts in their own depositions said no," MacDonald said.

Matoesian granted the summary judgment.

He also chided the attorneys for late filings, citing in particular a plaintiff's motion for sanctions that was filed two days before the hearing and that he received the night before.

"My concern is this case is eight years old, why all of a sudden a motion for sanctions?" the judge said. "There has to be a cut off.
Discovery is over. No more motions."

Matoesian denied the move for sanctions without hearing arguments.

A previous defendant in the case, Dr. Christopher Green, was dropped from the case three years ago.

John Womick represents the plaintiff.

MacDonald and Dede Zupanci represent the nurses and the hospital.

Terese Drew represents Christie.

The case is Madison case number 03-L-2038.

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