Rosewood Care Center wins arbitration verdict in suit over infliction of emotional distress

By Amelia Flood | May 4, 2011

Rosewood Care Center on Tuesday won an arbitration case brought by the daughter of a now deceased resident.

Plaintiff Linda Ruth Brubaker alleged in her 2008 first amended complaint that the nursing home caused her emotional distress following her mother's 2005 death.

The case sought damages in excess of $50,000.

According to the amended complaint, after an illness, Brubaker's mother, Ruth Brubaker, was placed in hospice care following her admittance to Rosewood in 2004.

During the spring of 2005, there was an initiative spearheaded by Land of Lincoln Legal Services to set up a residence caregiver's council at the center to serve family members in voicing their concerns to the home's management.

Linda Brubaker claims to have taken an active role in the effort.

The plaintiff further contends that she then was ordered to severely limit her visits to her mother and that the home restricted access to her.

Ruth Brubaker died Sept. 11, 2005.

Her daughter claims that after accompanying her mother's body to a hearse for transport to a funeral home, she returned to Rosewood to find two Edwardsville police officers waiting for her.

The officers then told her not to return to the nursing home or face arrest, she claimed.

An Aug. 20, 2008 arbitrator found in favor of Rosewood.

Linda Brubaker rejected the award, paying a $200 rejection fee.

The case was dismissed for want of prosecution in August 2009.

The plaintiff won the reinstatement of her suit in November 2009.

Madison County Associate Judge Thomas Chapman presided.

The case had been assigned to former Madison County Associate Judge Ralph Mendelsohn until his retirement.

Greg Roosevelt represented the plaintiff.

Dennis McCubbin represented Rosewood.

The case is Madison case number 07-AR-541.

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