EFILeD j 14/2019 4:08 PM Paul Palazzolo 7th Judicial Circuit ‘Sangamon County, IL STATE [LLINOIS: 2016L 000226 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT. COUNTY OF SANGAMON, MARY FOLDER, Individually, and as Administrator of the Estate of ROBERT FOLDER, Plaintiffs, vs. No. 2016-L-226 CHRISTIAN HOMES, INC., LEWIS MEMORIAL CHRISTIAN VILLAGE, CYNTHIA SCHAAF, and ELIZABETH ASH. Defendants, FOURTH AMENDED COMPLAIN NOW COMES Plaintiff, Mary Folder, Individually and as Administrator of the Estate of Robert Folder, by her attorneys, Kenneth B. Graves and Richard Frazier, and in support of her Fourth Amended Complaint against Defendants, Christian Homes, Inc., Lewis Memorial Christian Village, Cynthia Schaaf, and Elizabeth Ash, states as follows: GENERAL ALLEGATIONS 1. The events complained of occurred in Sangamon County, Illinois. 2. The events described herein occurred prior to, during and subsequent to the time that Plaintiffs" husband, Robert Folder was a resident at Defendant's facility located at 3400 West 7 Washington, Springfield, IL 62707. Robert Folder was a resident at the facility from May 5th, 2014, until on or about October 21, 2014. 3. Plaintiff, Mary Folder, was appointed Administrator of the Estate of Robert Foldet number 2015-P-16, on January 14, 2015. Page 1 of 30For Count | of her Complaint alleging that the Defendants, Christian Homes, Inc. and Lewis Memorial Christian Village, (hereinafter, "Defendants") violated the Illinois Nursing Home Care Act, 210 ILCS 45/3-601 et seq., (” ct"), Plaintiff alleges as follows: : 1-3, Plaintiff incorporates parageaphs 1-3 of the General Allegations as paragraphs 1-3 of Count | 4. The Plaintiff, Mary Folder, as Administrator of the Estate of Robert Folder, deceased, brings this action pursuant to the provisions of 755 ILCS 5/27-6, commonly known as the Survival Act of the State of Illinois. 5. The Plaintiff, Mary Folder, as Administrator of the Estate of Robert Folder, deceased, brings this action pursuant to the provisions of 210 ILCS 45/1-101 et seq., commonly known as the Nursing Home Care Act of the State of Illinois. 6, Pursuant to 210 ILCS 45/3-714, the remedies provided by The Nursing Home Care Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or otherwise, provided by law for the benefit of the party, from obtaining additional relief based upon the same facts. ian Homes, Inc., owned, 7. Atall times relevant to this Complaint, the Defendant, Chris operated and managed Defendant, Lewis Memorial Christian Village as a skilled, extended term nursing “facility” as defined by Section 1-113 of the Act and was subject to the laws of the State fed to common law, the Act, and the regulations promulgated of Illinois, including, but not Ii pursuant thereto, 77 Illinois Administrative Code, Section 300, et seq. Page 2 of 308. Atall time relevant to this Complaint, the Defendant, Lewis Memorial Christian Village, owned the 2013 Ford transport van at issue in the instant case, VIN# IFDEE3FL9DDAS0884, equipped with the Braun Wheele , and, therefore, had a duty to ensure that its employees. and agents were properly trained in how to safely operate the lift and to ensure that the lift from properly maintained for safe operation 9. Atall times relevant to this Complaint, Christian Homes, Inc. and Lewis Memorial Christian Village, were obligated to follow all regulations applicable to nursing home facilities under the Act 10. Pursuant to 77 II. Admin. Code, Ch. 1. Sect. 300.3290(b) and 210 ILCS 45/3-601, the Defendant, Christian Homes, Inc., as the owners and/or licensee of Lewis Memorial Christian Village, is liable for any intentional or negligent act or omission of their actual, implied and/or apparent agents, servants and employees. 11, Pursuant to 77 Il, Admin, Code, Ch. I. Sect. 300.340(c)(2)(M) and 210 ILCS 45/3-601, the Defendant, Christian Homes, Inc., as the owner of Defendant, licensee Lewis Memorial Christian Village, was mandated to comply with the Illinois Nurse Practice Act, 225 ILCS 65, et seq., and the regulations promulgated pursuant thereto, Tile 68, Subchapter b: Professions and Occupations, Part 1300 Nurse Practice Act. 12, Atall times relevant to this Complaint, the Defendants, through its actual, implied, and/or apparent agents, servants, and employees, knew or should have known that Robert Folder's overall clinical condition including cognitive impairment and a hip fracture due to a previous fall, caused him to require supervision and assistance with activities of daily living including, but not limited to, assistance with transfers and turning and repositioning to ensure that Robert remained free from falls and pressure sores. Page 3 of 30