Court date set in suit against Colonial Manor

HARTINGTON — A civil case filed more than four years ago against Colonial Manor nursing home is set for a jury trial in January.

Phyllis Hoesing filed the original complaint against the nursing home in February 2017 with the latest amended complaint filed and answered in September and October 2021 in Cedar County District Court.

The complaint alleges Hoesing was attending outpatient physical therapy at the nursing home Jan. 8, 2015, when she suffered an injury resulting in three non-displaced fractures in her pelvis, and then entered into care at the nursing home on Jan. 13.

According to court records, on Feb. 20, 2015, Hoesing fell and her head struck the floor or furniture with substantial force, suffering a large acute right subdural hematoma and a traumatic brain injury as a result of her head strike.

She was transported to Osmond General Hospital and then Mercy Medical Center in Sioux City for an emergency craniotomy. She was further hospitalized at Madonna Rehabilitation Hospital in Lincoln.

The suit alleges Colonial Manor was negligent and failed to act as a reasonable, careful skilled nursing facility would under similar circumstances. The suit claims the nursing home failed to properly assist Hoesing with ambulation, conduct adequate and appropriate assessment, and provide a safe environment, among other issues.

The suit lists medical expenses incurred of $200,000. Hoesing was 81 at the time of the incident with a life expectancy of another 13 years. She will require further medical treatment and assisted living as a result of the incident, the suit said.

In its answer, Colonial Manor denied any wrongdoing and stated the medical record speaks for itself. The nursing home denies the nature and extent of Hoesing’s injuries and also asserted that some of the damages are not recoverable under Nebraska law.

Several court dates were set in the case for January, including a motions hearing on Jan. 4 and a nine-day jury trial starting Jan. 18.