Case management conference set in misconduct suit against St. Mary's Health Center

A case management is set in a misconduct lawsuit filed against St. Mary's Health Center and a number of other defendants by the estate of a rehab facility patient.

Madison County Chief Judge Ann Callis is set to hold the case management conference April 27 at 9 a.m.

Mark Gibbear, the son of Arthur Gibbear Sr., is suing St. Mary's Health Center Investors LLC, doing business as Edwardsville Nursing and Rehab Center, Ide Management Group LLC, Mark Ide Management Group LLC, Mark Ide, John Davis, Omega Healthcare Investors Inc. and OHI (Illinois) Inc.

He is seeking damages in excess of $50,000 per count, punitive damages, funeral expenses and other relief.

According to his complaint, Arthur Gibbear fell while at the St. Mary's owned Edwardsville Nursing and Rehab Center and died as the result of his injuries Oct. 22, 2007.

The Ide defendants and Davis operated the facility for St. Mary's.

Omega invested in the facility and allegedly profited from it.

OHI leased the building where the fall allegedly occurred.

Mark Gibbear is suing on claims of violations of the Illinois Nursing Home Control Act, that the defendants failed to have staff trained to deal with emergencies such as his father's fall, did not maintain detailed reports and failed to provide a safe abuse and hazard free environment for his father in violation of his rights.

He is also suing on claims of wrongful death and premises liability.

The defendants have moved to dismiss the suit.

They contend that the plaintiff's plea for punitive damages was improper and that the plaintiff does not allege the proper breaches of duty to sustain his claims.

David Terry represents Gibbear.

Kevin represents all of the defendants except John Davis.

The case is Madison case number 09-L-1107.