Suit seeks payment of attorneys' fees ordered in '09 nursing home jury verdict

By Kelly Holleran | Oct 15, 2013

The executor of a deceased woman’s estate claims he has not been paid tens of thousands of dollars rendered in a judgment against an Alton nursing home nearly five years ago.

Clifford C. Emons and Smith, Mendenhall, Selby and Cole filed a lawsuit Sept. 30 in Madison County Circuit Court against Bravo Care of Alton, Alton Real Estate, Michael Brady, Larry Vander Maten and Darrel Hoefling.

In his complaint, Emons alleges Jane Schwarz sustained severe injuries on May 27, 2002, when she fell at Rosewood Care Center of Alton. Due to her fall, Schwarz died, according to the complaint.

Emons filed a lawsuit in May 2004. In 2009, a jury rendered a verdict in his favor for $20,000, the suit states. The court also ordered Rosewood Care Center to pay $99,000 in attorneys’ fees and costs, the complaint says.

Since then, Bravo Care has taken over Rosewood Care Center. However, Rosewood and Bravo have failed to pay the judgments rendered against them, Emons and his attorneys claim.

In fact, the nursing home and its owners have attempted to evade payments by transferring money to their owners and managers, defendants Brady, Maten and Hoefling, according to the complaint.

In their complaint, Emons and the law firm seek an order that any transfers made from Rosewood to the defendants be declared fraudulent and that Maten and Hoefling be held responsible for paying judgment to Emons and the law firm. They also seek post-judgment interest, attorney’s fees, costs and other relief the court deems just.

Doug Mendenhall of Smith, Mendenhall, Selby and Cole in Alton will be representing them.

Madison County Circuit Court case number: 13-L-1641.

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