Texas.
66 SILVERADO SILVERADO SENIOR L SENIOR IVING, LIVING, INC., d/b/aSilverado INC.,d/b/a Senior Silverado Senior Living Living -
SugarLand Sugar Land("Silverado") isaacorporation ("Silverado") is corporation doing business doingbusiness inTexas, in locatedat Texas, located 1227 at1227 St.Sugarland, 7th St. Sugarland,Texas77478and Texas maybe 77478 and may servedwith beserved throughits processthrough with process its designated designated aagent forservice, gentfor Corporation service, Corporation Service Company ServiceCompany d/b/aCSCLawyers d/b/a CSC Lawyers
Incorporating Incorporating Service Service Company, Company, 211E. St.Suite 211 E. 7th St. 260,Austin, Suite 260, Austin, Texas, 78701- Texas,78701- 3218. 3218.
BACKGROUND
77 RubyS.Peterson Ruby ("Ruby") S. Peterson ("Ruby") isthe93-year is oldmother the 93-year old ofMack, mother of Mack, Don, Lonny, Don,Lonny,
David ("David") Peterson David("David") Peterson a ndCarol and ("CarolM Carol Manley ("Carol anley"). Manley"). Rubyhasbeen Ruby has been aa
resident Silverado atSilverado resident at at times alltimes atall relevant relevant tothis to this c ase. case.
N 88 1993,Ruby In1993, In Rubyand andherhusband, deceased, nowdeceased, her husband, now executed durableppower executed aa durable of owerof N appointing attorneyappointing attorney CarolManley Carol andDavid Manleyand astheir David as agents. their agents.
99 David andCarol David and Manleymoved Carol Manley Rubyto movedRuby Silverado toSilverado onor on aboutAugust or about 27, August27, 2013. 2013.
Silverado Appx. 0423 No. 1-15-567-CV 1539 VIOLATIONS OFATTORNEY OFPOWER VIOLATIONS OF POWER OF ATTORNEY
26 Plaintiffs Tonya 26 TonyaandCarolPeterson allegeandwould and Carol Peterson allege provethat and would prove Carol thatCarol Manleyand Manley andDavidhaveexceeded theirauthority David have exceeded their and/orabused authority and/or theirpower abused their poweras as
Ruby's agents for Ruby's agents medical for medical decisions. wit, Towit, decisions. To Carol Carol Manley Manley and and David David hired hired Dr. Dr.
Merklto Merkl provideaa diagnosis to provide diagnosis ofsevere of dementia, severedementia, whichthey which theyknew shouldhave orshould knew or have known known was false,so was false, theycouldcommit sothey Rubyto could commit Ruby toreside Silverado resideatatSilverado andprevent and prevent herfromleaving.Oneofthe reasons, her from leaving. One of the reasons, CarolManley Carol ManleyandDavid and David chose Dr.Merkl choseDr. Merkl
andSilverado and becausetthey wasbecause Silverado was heywanted Rubyto wanted Ruby beforced to be takemedication totake forced to that medication that
shemay she otherwise mayotherwise refuseto refuse take,andtheywanted to take, exercise toexercise and they wanted to complete complete control control
Ruby'splace overRuby's over ofresidence. placeof residence. - 27 PlaintiffsTonya Plaintiffs and Carol Peterson a Tonya andCarolPeterson llegeand allege andwould thatSilverado provethat would prove Silverado
conspired conspired w ithCarol with Manleyand Carol Manley andDavid, David, whose medicalpower whosemedical ofattorney powerof didnot attorneydid not become effectiveaand/or become effective nd/orwas wasrevoked, toprevent revoked, to Rubyfromexercising prevent Ruby herrights from exercising her rights 0 leave toleave to Silverado Silverado togo to theBaytown gototothe BaytownChurch Church ofChrist; of tovisit Christ; to Plaintiffs visitPlaintiffs at their attheir N N homes;to homes; to go outtoeat goout orgo to eat or shopping go shopping withPlaintiffs; with and/orto Plaintiffs; and/or tomove moveto nursing toaa nursing home thatiscloser home that herchurch is closer ttoo her inBaytown. church in Baytown. OF ACTION CAUSES CAUSES OF ACTION
A A FALSE IMPRISONMENT FALSE IMPRISONMENT
Silverado Appx. 0424 No. 1-15-567-CV 1546