Decision filed 06/07/07. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
APPELLATE COURT OF ILLINOIS
MICHAEL G. RATH, Guardian of the Estate of ) Appeal from the
Elizabeth Rath, a Disabled Person, ) Circuit Court of
) Jackson County.
Plaintiff-Appellee and Cross-Appellant, ))
v. ) No. 02-L-95
CARBONDALE NURSING AND )
REHABILITATION CENTER, INC., ) Honorable
) William G. Schwartz,
Defendant-Appellant and Cross-Appellee. ) Judge, presiding.
JUSTICE GOLDENHERSH delivered the opinion of the court:
Plaintiff, Michael G. Rath, guardian of the estate of Elizabeth Rath, a disabled person,
filed suit against defendant, Carbondale Nursing and Rehabilitation Center, Inc., requesting
damages pursuant to the Nursing Home Care Act (Act) (210 ILCS 45/1-101 et seq. (West
2004)). The circuit court of Jackson County entered a judgment on a jury verdict awarding
damages to plaintiff. The court also awarded plaintiff attorney fees and costs. On appeal,
the issues are (1) whether the trial court errantly allowed evidence of negligent conduct by
defendant and (2) whether the court awarded a proper amount for attorney fees. We affirm.
On October 14, 2000, Elizabeth Rath was placed in defendant's nursing home facility.
She stayed in the facility until plaintiff, her son, requested her discharge on November 24,
2000. The next day she was taken to Memorial Hospital of Carbondale. The records from
the hospital note dehydration, pressure sores, and a urinary tract infection.
Plaintiff filed suit, alleging numerous negligent acts by defendant, including a failure