Defendants seek more time to answer suit over ’09 nursing home jury verdict

By Heather Isringhausen Gvillo | Nov 25, 2013


Two defendants have asked for more time to answer a Madison County lawsuit alleging the executor of a deceased woman’s estate has not been paid tens of thousands of dollars rendered in a judgment against an Alton nursing home nearly five years ago.

According to the complaint filed Sept. 30, Clifford C. Emons and Smith, Mendenhall, Selby & Cole claim Jane Schwarz sustained severe injuries on May 27, 2002, when she fell at Rosewood Care Center of Alton, resulting in her death.

Emons filed a lawsuit in May 2004. Five years later, a Madison County jury rendered a verdict in his favor for $20,000. Rosewood Care Center was also ordered to pay $99,000 in attorneys’ fees and costs.

Since the verdict, Bravo Care has taken over Rosewood Care Center. Both Rosewood and Bravo have failed to pay the judgments rendered against them, the suit states.

The nursing home and its owners have allegedly attempted to evade payments by transferring money to their owners and managers, defendants Michael Brady, Larry Vander Maten and Darrel Hoefling.

Defendants Alton Real Estate, Inc. and Hoefling filed a request for additional time to plead on Nov. 14 through attorney Steven M. Hamburg in Clayton, Mo.

Hamburg requested an additional 30 days to respond to the complaint.

Emons and the law firm seek an order that any transfers from Rosewood to the defendants be declared fraudulent and that Maten and Hoefling be held responsible for paying judgment to the plaintiffs.

Madison County Circuit Judge Andreas Matoesian is presiding over the case.

Doug Mendenhall of Smith, Mendenhall, Selby & Cole in Alton is representing the plaintiff.

Madison County Circuit Court case number 13-L-1641

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