Exhibit 1

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 1 of 12
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Law Office of

CARTER MOREY

A Professional Corporation

110 South Church Avenue, Suite 2170

Tucson, Arizona 85701

(s20) 792-4330

Telefax: (520) 623-9568

Cafter Morey (State Bar# 003734)

Attomey for Plaintiff

JONATHAN MARSHALL, individually, as the )

surviving son of MELISSA MARSIIALL, deceased, )

and on behalf of NICHOLAS MARSI-IALL, surviving)

son, and RUTH JLINTILLA, surviving mother of )

MELISSA MARSHALL, deceased, and all other )

statutory beneficiaries of MELISSA MARSFIALL, )

deceased

FILlil-ì

?û15 ÅL,t 2tr Pl1 3: 36

No' 

st¿úcV¿c Ëæ1eV

COMPLAINT

(Tort, Medical Negligence,

Wrongful Deatþ

t._ cLr:tì I

YU i'.

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF'YUMA

Plaintiff,

LA MESA REHABILITATION AND CARE

CENTER; FIVE STAR QUALITY CARE,

Defendants.

' Plaintiff alleges:

T.

Plaintiff JONATHAN MARSIIALL i s the surviving son of MELIS SA MARSHALL and

brings this action on his behalf and on behalf of NICHOLAS MARSHALL, surviving son and

RUTH JLINTILLA, surviving mother of MELISSA MARSHALL, and all other statutory

beneficiariesofMELISSAMARSHALL,pursuanttoA.R.S.l2-611,etseq*,torecoverdamages

for the wrongtul death of MELISSA MARSHALL.

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II.

The events complained of herein occurred in Yuma County, Arizona, at La Mesa

Rehabilitation and Care Center.

m.

Defendant LA MESA REHABILITATION AND CARE CENTER is an Arizona

corporation, doing business in Yuma County, Arizona,as a rehabilitation and cate center, known

as La Mesa Rehabilitation and Care Center which provides rehabilitation health care, and care

services to the public and which provided rehabilitation heahh cæe and care services to decedent

MELISSA MARSHALL atall times relevant hereto.

IV.

Defendant FIVE STAR QUALITY CARE is an Arizona corporation, doing business in

Yuma County , Arizon4as a rehabilitation and care center, known as La Mesa Rehabilitation and

Care Center which provides rehabilitation health care, and care seryices to the public and which

provided rehabilitation health care and care services to decedent MELISSA MARSHALL at all

times relevant hereto.

V.

At atl times mentioned herein, Defendant FIVE STAR QUALITY CARE employed

health care providers at La Mesa Rehabilitation and Care Center who were licensed to provide

health care in the State of Arizona and who held themselves out to the decedent, MELISSA

MARSHALL, the PlaintiffJONATHAN MARSHALL and the public as health care providers

qualified and skilled in the practice of health care.

VI.

All Defendants were either agents, employees or principals of each other at all times

relevant to the allegations in this Complaint and are vicariously liable and responsible for the

conduct of one another under the principles of respondeat Superior, ostensible agency, or

otherwise.

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VII.

On or about October 23, 2014, and thereafter and at all times relevant thereto,

Defendants, individually and by and through their agents and employees, including agents and

employees not named in this Complaint, each and all of them, individually and in concert with

one another, negligently, grossly negligently and with reckless disregard for the rights of others,

including MELISSA MARSHALL, JONATHAN MARSHALL, NICHOLAS MARSHALL and

RTJTFI JTINTILLA, failed to provide appropriate supervision, and care and responsibility to

MELISSA MARSHALL; and Defendants had prior knowledge of MELISSA MARSHALL's

previous wandering and leaving of the premises; and yet they negligently, grossly negligently

and with reckless disregard for the rights of others, including MELISSA MARSHALL,

JONATHAN MARSHALL, NICHOLAS MARSHALL and RUTH JI-INTILLA, allowed

MELISSA MARSHALL to leave the premises of La Mesa Rehabilitation and Care Center,

where she was found at a Circle K where she had fallen in the parkíng lot and hit her head.

Thereafter, MELISSA MARSHALL suffered head injuries and brain damage as the result of the

negligent supervision, care and responsibility of Defendants. As aresult of Defendants'conduct

and grosslynegligentsupervision, care andresponsibility, MELISSAMARSHALLpassed away

on November 5,2014.

As a result of the grossly negligent and reckless oonduct ofDefendants, and each ofthem,

as set forth above, Plaintiff JONATHAN MARSHALL has lost his mother, NICHOLAS

MARSHALL has lost his mother, and RUTH JUNTILLA has lost her daughter, and each has

suffered and will continue to suffer in the future as a result of the death of MELISSA

MARSHALL: a) loss oflove, affection, companionship, care, protection and guidance;b) pain,

grief, sorrow, anguish, stress, shock and mental suffering; and c) along with other pecuniary and

non-pecuniary damages the exact amount of which is not yet known, but which will be proven

at trial. The amount of the damages resulting from the death of MELISSA MARSHALL

exceeds the minimum jurisdictional limit of this Court.

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WIIEREFORE, Plaintiff JONATHAN MARSHALL requests judgment against

Defendants, and each of them, for compensatory and punitive damages, fot costs, for

prejudgment interest from the date of death on all liquidated damages, and for such other and

further relief as the Court deems just and proper.

Dated tnitfduv or ¡hlfrst .zots. 't

OF MOREY

Attomeys

4

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 5 of 12
.l s1400o1/a1' aLt

IVTL SUMMONS

fendant

MESA REHAB]LTTAT]ON A}üD CARE

ER; FIVE STAR QUALITY CARE

MARSIALL, ET AL

ARIZONA SUPERIOR COURT, YUMA COUNTY

THE STATE OF ARIZONA to the above-named Defendant:

Rehabilitation and Quality Care¡ 2470 S. Arizona Avenue,

85364

La Mesa

Yuma, AZ

IV This is a legal document. If you do not understand its

consequences, you should seek the advice of an attorney.

Requests for reasonable accommodation for persons with

disabilities must be made to the court by parties at least

three working days in advance of a scheduled court proceeding.

Requests for reasonabl-e accommodat.ion for persons with disabilities

must be made to the division assigned to the case by parties at

Ieast 3 judicial days in advance of a scheduled court proceeding.

My Hand and the Seal of the Superior Court.

DA'ED' AUG 24 2rß

I A l-awsuit has been filed against you.

I] If you do not want a .fudgment taken against you for the rel-ief

demanded in the accompanying Complaint, you must file a

Response in writing in the Office of the Clerk of the Superior

Court, 250 W. 2nd Avenue, Yuma, Arizona, accompanied by the

necessary filing fee. A copy of the Response must also be

mailed to the plaintiff/aLLorney whose name appears bel-ow.

The Response must be filed within TWENTY DAYS, exclusive of

the date of service, if served within the State of Arizona, or

within THIRTY DAYS, exclusive of the date of service, if

served outside the State of Arizorra.

III

VüITNESS

CLERK OF THE S URT

Clerk of

B

TAMil/Y MAN

ATTORNEY'S NAME, ADDRESS, PHONE

Carter Morey

]-.,AW OFFICE OF CARTER MOREY

1-10 South Church Avenue, Suite 2170

Tucson, Arizorua 85701- (s20) 792-4330

State Bar No. 003734

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 6 of 12
IJ-¿'.J-IILIIl-

]ONATIIAN MARS}ALL, ET AL

)efendant

LA MESA REIABILTTATION AND CARE

]ENTER; FIVE STAR QUALITY CARE

TVTL SUMMONS

s14O0C1/20

ARIZONA SUPER]OR COURT, YUMA COUNTY

THE STATE OF ARfZONA to the above-named

Qual-ity Care ¡ 2470 S. Arizona Avenue, Yuma,

Defendant: Five Star

AZ 85364

I A lawsuit has been filed against you

II If you do not want a .Tudgment taken against you for the relief

demanded in the accompanying Complaint, you must file a

Response in writing in the Office of the Clerk of the Superior

Court, 250 W. 2nd Avenue, Yuma, Arizona, accompanied by the

necessary filing fee. A copy of the Response must al-so be

mailed to the plainLiff/altorney whose name appears below.

]II The Response must be filed within TWENTY DAYS, exclusive of

the date of service, if served within the State of Arizona, or

within THIRTY DAYS, exclusive of the date of service, if

served outside the St.ate of Arizorra.

]V This is a 1ega1 document. If you do not understand its

consequences, you should seek the advice of an attorney.

Requests for reasonable accommodation for persons with

disabilities must be made to the court by parties at least

three working days in advance of a schedul-ed court proceeding.

Requests for reasonable accommodation for persons with disabitities

must be made to the division assigned to the case by parties at

least 3 judicial days j-n advance of a scheduled court proceeding.

WITNESS My Hand and the Seal of the Superior Court.

DATED, AUG LYNN FF\72

CLERK OF THE S

CI.ERK B

SHE

ATTORNEY I S NAryIE, ADDRESS, PHONE

Carter Morey

LAW OFFTCE OF CARTER MOREY

110 South Church Avenue, Suite 2170

Tucson, Arizorua 85701 (s2o) 792-4330

State Bar No. 003734

2 \ 2015

T

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 7 of 12
Exhibit2

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 8 of 12
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Law Office of

CARTER MOREY

A Professional Corporation

110 South Church Avenue, Suite 2170

Tucson, Arizona 85701

(s20) 7e2-4330

Telefax: (520) 623 -9568

Carter Morey (State Bar # 003734)

Attorney for Plaintiff

IN THE SUPERIOR COURT OX'TIIE STATE OF'ARIZONA

IN AND FOR THE COUNTY OX'YT]MA

JONATHAN MARSHALL, individually, as the

surviving son

and on behalf

of MELISSA MARSHALL, deceased, NO. S1400CV201500724

of NICHOLAS MARSHALL,

LA MESA REHABILITATION AND CARE

CENTER; FIVE STAR QUALITY CARE,

\ryAIVER OF PROCESS OR

ACCEPTANCE OF

SERVICE F'OR

DEF'ENDANT LA MESA

REHABILITATION ANI)

CARE CENTER

(Tort, Medical Negligence,

Wrongful Death)

Defendants.

l. I am the Defendant named, or an agent of the Defendant named who is

authorized to execute this Waiver of Process or Acceptance of Service, pursuant to

Arizona Rules of Civil Procedure 5(c), on behalf of that Defendant.

2. I have either received a copy of the Plaintiffs Complaint and Summons

filed and issued in this action, accepting service of those documents, or waived service

son, and RUTH JLTNTILLA, surviving mother of

MELISSA MARSHALL, deceased, and all other

statutory beneficiaries of MELISSA MARSHALL,

deceased

Plaintiff,

v

1

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 9 of 12
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3

of process; and agree that this action mayproceed against this Defendant as though this

Defendant had been personally served within the State of Arizona.

3. This Waiver or Acceptance does not constitute an appearuîca

I have read the foregoing document and know of my own knowledge that the facts

stated herein are true and correct.

STATE OF AzuZONA

COUNTY OF PIMA

SS

This instrument was subscribed and sworn to before me this È$u,

.--,20É,UyG¡O-&¿afllfi wïtness thersof,I,heteuffo setmyhand a¡rd of,fisial soalMy Commission Expires:

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Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 10 of 12
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Law Office of

CARTER MOREY

A Professional Corporation

110 South Chwch Avenue, Suite 2170

Tucson, fuizona 85701

(s20) 792-4330

Telefax: (520) 623-9568

Carter Morey (State Bar # 003734)

Attorney for Plaintiff

JONATHAN MARSHALL, individually, as the )

surviving son of MELISSA MARSHALL, deceased, )

and on behalf of NICHOLAS MARSHALL, surviving)

son, and RUTH JUNTILLA, surviving mother of )

MELISSA MARSHALL, deceased, and all other )

statutory beneficiaries of MELISSA MARSFIALL, )

deceased )

IN THE SUPERIOR COURT OX'THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF YUMA

NO, S1400CV20L500724

WAIVER OF PROCESS OR

ACCEPTANCD OF'

SERVICE FOR

DEFENDA}IT F'IVE STAR

QUATITY CARE

(Tort, Medical Negligence,

Wrongful Death)

Plaintiff,

v.

LA MESA REHABILITATION AND CARE

CENTER; FIVE STAR QUALITY CARE,

Defendants.

1. I am the Defendant naÍned, or an agent of the Defendant named who is

authorized to execute this Waiver of Process or Acceptance of Service, pursuant to

Arizona Rules of Civil Procedure 5(c), on behalf of that Defendant.

2. I have either received a copy of the Plaintiffs Complaint and Summons

filed and issued in this action, accepting service of those documents, or waived service

L

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 11 of 12
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of process; and agree that this action may proceed against this Defendant as though this

Defendant had been personally served within the State of Arizona.

3. This Waiver or Acceptance does not constitute an appearance.

I have read the foregoing document and know of my own knowledge that the facts

stated herein are true and coffect,

STATE OF ARIZONA )

) ss:

couNTY oF PIMA )

This instrument was subscribed and sworn to before me this

-, 

20lE Uy@øt $rommÐfn wltnes-s rherçoü I hereunto set my hûnd {uld,offisialssal,

My Commission Expires:

2

T ROSENFELD

1 Ste. 1600

otary

Case 2:15-cv-02082-DLR Document 1-1 Filed 10/16/15 Page 12 of 12