Alden Estates of Naperville hit with suit over resident's claim he fell out of bed trying to reach call light

A resident of a Naperville assisted living facility is suing over claims he was injured while trying to summon assistance.

Frank Divita filed a lawsuit Oct. 16 in Cook County Circuit Court against The Alden Group, Alden Management Services Inc., Alden Estates of Naperville Inc. and Alden Naperville.

According to the complaint, after a hip joint replacement surgery, Divita was admitted to the defendants' facility, Alden Estates of Naperville, on Nov. 15, 2012. Divita claims he fell from his bed while trying to reach for the call light, which had been placed out of reach by a facility employee, who apparently had not checked on him for a prolonged period of time despite his request for immediate assistance.

Divita alleges the defendants' negligence caused him to fall and reinjure his hip joint, which required revision surgery.

He is represented by attorneys Scott H. Rudin and Lauren Levin of Miroballi, Durkin & Rudin in Chicago.

Cook County Circuit Court case number: 2014L010728.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.