The Ottumwa Courier

Local News

December 18, 2013

Nursing home death leads to lawsuit

KEOSAUQUA — The death of a Keosauqua nursing home patient has led to a federal lawsuit by the woman’s family.

Mary Sprouse died after a fall at the Good Samaritan Society’s facility in Keosauqua. The case was fined by state investigators who found Sprouse fell more than 50 times prior to her death. The facility paid more than $10,000 in fines for that citation and another uncovered in the same report.

Clyde Sprouse, Mary’s husband, and Shelly Ragen, her granddaughter, brought the suit as executors of her estate. They seek compensation for wrongful death and loss of spousal consortium.

The suit, filed in federal court, cites “at least 23 occasions” on which Sprouse fell while unattended. Court documents say Good Samaritan “failed to adequately notify Clyde of Maggie’s falls.”

Three counts make up the suit. The family accuses the facility of being at fault for Sprouse’s injuries, that the facility was in breach of contract for failing to provide “safe, adequate nursing care services” and dependent adult abuse based on the fact Sprouse’s infirmities made her unable to protect herself.

The family has asked the court for a jury trial in the case.

While Good Samaritan admits the fact of Sprouse’s falls in its reply, it rejects the claim it is legally responsible for damages. The facility contends in court papers it “fully discharged any and all duties owed to Plaintiff.”

Good Samaritan’s filing says the Sprouse’s injuries, thus the family’s damages, were the result of unforeseeable events and were not caused by any act by the facility. It seeks dismissal of the case.

While the lawsuit is in federal court, several cases making their way through Iowa courts also have had significant events.

• Kenneth Turner has pleaded not guilty to charges of stalking and also entered a written arraignment in the case. Trial is scheduled for Jan. 27, 2014.

• Ashley Weir’s trial on charges of willful injury and domestic abuse has been pushed back to April 1, 2014.

• Attorneys for Robert Pilcher, accused in the 1974 murder of Mary Jayne Jones, are sparring with prosecutors over his prior arrest records. Most previous arrests and convictions are not allowed as evidence during trial, and Pilcher’s attorneys want evidence of “prior bad acts” excluded from his murder trial.

 

1
Text Only
Local News
  • No Headline Provided TEMPERATURES Tuesday High: 45 Low: 22 Record high: 89 in 2002 Record low: 19 in 1928 Today Record high: 88 in 2004 Record low: 24 in 1961 PRECIPITATION Tuesday: 0.00 SUNRISE/SUNSET Today Rise: 6:27 Set:7 :51 Thursday Rise: 6:25 Set: 7:52 RIVERS/LAKES

    April 16, 2014

  • City Council approves sale of properties OTTUMWA — On Tuesday the Ottumwa City Council met for the last regularly scheduled meeting of April. Included in the agenda for the evening were several dispositions of city owned property. Structures and land located at 519 W. Fourth St., 723 E. Mar

    April 15, 2014

  • Where to play OTTUMWA — The Ottumwa Community School District wants to discuss moving to another athletic conference. Superintendent Davis Eidahl revealed that the district has been contacted by a smaller sports league, which has extended an invitation to join the

    April 15, 2014

  • 0416 OTT Ron Oswalt mug -T School board member resigns OTTUMWA — As this week's school board meeting came to a close, the president read a letter from one of the members. Board President Carol Mitchell read that fellow board member Ron Oswalt was announcing his resignation from the Ottumwa Board of Educa

    April 15, 2014 1 Photo

  • Chronic wasting disease found in wild deer OTTUMWA — Since 2002, the Iowa Department of Natural Resources has collected more than 50,000 samples of captive and wild deer in Iowa in an effort to look for cases of chronic wasting disease. On April 9, they confirmed an infected wild deer had bee

    April 15, 2014

  • Good Shepherd Food Pantry making a difference BLAKESBURG — Good Shepherd Food Pantry in Blakesburg began its third full year of operation this month. Start-up funds included the South Central United Methodist Conference grant of $1,200 and a large cash donation from Hope Well Church in response

    April 15, 2014

  • Council approves sale to Historical Preservation Society BLAKESBURG — Blakesburg City Council on Monday approved sale of the museum property to Blakesburg Historical Preservation Society. The $4,000 bid submitted by BHPS was the only bid received. Terms of the bid include a clause that if at sometime the p

    April 15, 2014

  • County signs law enforcement agreement with Eddyville OTTUMWA — A law enforcement service contract between Wapello County and the city of Eddyville received supervisors' approval on Tuesday. Beginning July 1, Eddyville will pay the Wapello County Sheriff’s office $3,833 per month or $45,996 for law enfo

    April 15, 2014

  • 0415 OTT bbq photo, run small -T -M Where the smoke came wafting off the grill OTTUMWA — When the hobby they loved became a full-time job, Bubba-Q's owners had to put something they loved — barbecue competitions — on hold. "We haven't competed since 2011," said Sabrina Knapp, co-owner of Bubba-Q's restaurant in the Quincy Place

    April 14, 2014 1 Photo

  • Armstrong sentenced in toddler beating OTTUMWA — Dustin Armstrong will spend 50 years in prison for the beating of an Ottumwa toddler last year. The assault took place almost exactly a year ago, when Ottumwa police went to 117 E. Woodland Ave. on April 22 and found Brayden Young, then 2,

    April 14, 2014

Photo reprints


Obituaries

Facebook
E-edition