ALTON — The estate of a woman who died after choking on food during dinner at an assisted living facility has filed a suit claiming wrongful death.
Michelle Withers, executor of the Estate of Rachel L. Wiggins, filed a complaint May 26 in the Madison County Circuit Court against Glenhaven Operations, doing business as Evergreen Place alleging wrongful death.
According to the complaint, Wiggins became a resident of Evergreen on June 27, 2019. Withers alleges in her complaint that on July 8, 2019, around 5:30 p.m., Wiggins choked on food while eating in the facility's dining room. Wiggins then became unconscious and died of asphyxiation, according to the suit.
Withers claims Evergreen "negligently failed to assist" Wiggins, failed to supervise her while she was eating, and failed to "guard against residents accidentally choking food."
She also alleges Wiggins suffered "great conscious pain and anguish" in struggling to breath and that "defendant's agents, servants and employees stood by and failed to assist her in any manner." Withers alleges the staff should have known that a lack of "choking-preventative measures" would lead to injury and death.
Withers seeks monetary relief of more than $50,000 and all other just relief. She is represented by Robert Gregory of The Law Office of Robert H. Gregory PC in East Alton.
Madison County Circuit Court case number 2020-L-735