Illinois Appellate Court Reverses Order Denying the Vacating of a Default Judgment in Nursing Home Lawsuit

The plaintiff, Godfrey Healthcare and Rehabilitation Center, a nursing home, filed a complaint for services that was given to the defendant, John Toigo. At the time of the complaint, Toigo was a resident in this nursing home care facility. Through his son, Michael Toigo, he filed an answer and included affirmative defenses as to the nursing home’s lack of standing.

The court in Madison County, Ill., erred in entering a default judgment against Toigo on the nursing home’s oral motion for default. The court ruled that as the defendant was denied the opportunity to defend on the merits of his responsive pleadings and denied the opportunity to challenge the nursing home’s affidavit as to damages, the appellate court found that the trial court erred in denying Toigo’s pro se motion to vacate the default judgment.

Godfrey Healthcare served its motion to reconsider, a notice of hearing on Toigo’s former lawyer rather than on Toigo as required by the court order.

Godfrey Healthcare and Rehabilitation Center LLC v. Toigo, 2019 IL App (5^th) 170473 (April 10, 2019).

Kreisman Law Offices has been handling breach of contract lawsuits, commercial litigation matters and nursing home negligence cases for individuals, families and loved ones for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Schiller Park, St. Charles, Geneva, Aurora, Joliet, Waukegan, Naperville, New Lenox, Long Grove, Winnetka, Glenview, Northfield, Chicago (Logan Square, Wicker Park, Albany Park, Andersonville, Bronzeville, South Shore, Kenwood, Lake Calumet), Elgin, Prospect Heights and Mount Prospect, Ill.