BELLEVILLE - The estate of a disabled man who choked to death on a hot dog is suing the Belleville assisted living center where he resided.
Janet Boyer, as independent administrator of the estate of David Staggs, filed the complaint in the St. Clair County Circuit Court against Royal Living Center Inc., Kinyotta Maxie, Tanjanika Hobgood, Aliyah Nelson and Stephani Rhoten.
Boyer filed the suit on behalf of Staggs' next-of-kin, which included a list of 15 adult aunts, uncles and cousins.
"David's next of kin suffered injuries as a result of his death, including the loss of companionship and society and grief and sorrow," the suit states. "Further, David's estate was diminished by virtue of the medical and/or funeral expenses that were incurred."
According to the complaint, Staggs was a resident at a facility owned and operated by Royal Living Center. The suit states that the staff members were aware that Staggs suffered from various conditions, including developmental disability, pica, autism spectrum disorder, bipolar disorder and dysphagia, "all of which put him at an increased risk of choking and/or ingesting non-food and/or harmful materials." Staggs allegedly required constant supervision and assistance.
On Sept. 17, 2021, Staggs was allegedly given unsupervised access to food, including a hot dog. He attempted to ingest a hot dog while unsupervised and began choking, the suit states. Staggs became unresponsive and died from asphyxia.
"[T]he Clinton County Medical Examiner confirmed that David's immediate causes of death were asphyxia and choking, and that David was 'found unresponsive with hot dog remnants in mouth and throat,'" the suit states.
Boyer claims the defendants failed to provide constant and/or face-to-face supervision, failed to properly educate and train its personnel on how to properly care for Staggs, failed to implement a plan of care for the decedent, failed to implement safety measures, failed to ensure Staggs was fed with dietary restrictions, and failed to provide appropriate medical care following the incident.
Staggs' family seeks a judgment in excess of $50,000 for each count. They are represented by Colleen Mixan Mikaitis of Taxman Pollock Murray & Bekker in Chicago.
St. Clair County Circuit Court case number 22LAO697