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IN THE DISTRICT COURT OF TULSA NCOUNTY

STATE OF OKLAHOMA DISTRICT COURT
KATY FUNHEAUX, as Parent and Next Friend of I 
DP, Minor, 3 JUL 2 0 ZUIS
Plaint?? SALLY HOWE SMITH. count CLERK
STATE OF OKLA. TULSA comm
vs. Case No.: 1
8 3
SHADOW MOUNTAIN BEHAVIORAL HEALTHSYSTEM, LLC, UNIVERSAL HEALTH 
SERVICES, INC., and UHS of DELAWARE, INC.)
LINDA ma 
Defendants. G.  
PETITION

COMES NOW, Plaintiff, Katy Funheaux, as Parent and Next Friend of DP, minor,
and for her cause of action against the Defendants, Universal Health Services, Inc., Universal

Health Services of Delaware, Inc., and Shadow Mountain Behavioral Health System, LLC
(?Defendants?) and states:

1. Plaintiff and the minor are residents of McCurtain County.

2. Jurisdiction and venue is appropriate in this Court.

3. Defendant Shadow Mountain Behavioral Health System LLC is a Foreign Limited
Liability Company with its principle place of business in Tulsa, Oklahoma.

4. Defendant Universal Health Services, Inc. is a foreign corporation that directs the day
to day operations of Shadow Mountain Behavioral Health System in Oklahoma

County. At all times material to this lawsuit, said Defendant did business in the 

   

of Oklahoma owning, operating, managing, and/or maintaining Shadow  

Behavioral Health System LLC and other similar facilities in Oklahoma. 

 

OZ Will?s},

5. Alternatively to its direct involvement with the day to day operations of Shadow

Mountain Behavioral Health System LLC Defendant Universal Health Services, Inc.

is liable for the obligations and liabilities of Shadow Mountain Behavioral Health
System LLC, owed to the Plaintiff for the neglect of and injuries to plaintiff for the
following reasons:

Defendant Universal Health Services, Inc. is the ?alter ego? of
Defendant Shadow Mountain Behavioral Health System 

Shadow Mountain Behavioral Health System LLC is but an
instrumentality of Defendant Universal Health Services, Inc.;

(0) Defendant Universal Health Services, Inc. has created Shadow
Mountain Behavioral Health System LLC in an effort to shield themselves from
personal liability for the acts of Shadow Mountain Behavioral Health System LLC
and others similar facilities, and the creation of Shadow Mountain Behavioral Health
System LLC for such purposes is a sham and an attempt to circumvent the rights of
third persons, including the Plaintiffs;

In addition to managerial and operational direction and choices made
which affect the facility, Defendant Universal Health Services, Inc. stands to pro?t or
to lose from the ?nancial success or failure of Shadow Mountain Behavioral Health
System LLC, and other similar facilities; and

Defendant Universal Health Services, Inc. created Shadow Mountain
Behavioral Health System LLC in an effort to get around the public policy of
protecting Plaintiff and other residents from neglect.

Defendant UHS of Delaware, Inc. is a foreign corporation that directs the day to day
operations of Shadow Mountain Behavioral Health System LLC. At all times material

to this lawsuit, said Defendant did business in the state of Oklahoma owning,

operating, managing, and/or maintaining Shadow Mountain Behavioral Health
System LLC and other similar facilities in Oklahoma.

Alternatively to its direct involvement with the day to day operations of Shadow
Mountain Behavioral Health System LLC, Defendant UHS of Delaware, Inc. is liable
for the obligations and liabilities of Shadow Mountain Behavioral Health System
LLC, owed to the Plaintiff for the neglect of and injuries to plaintiff for the following
reasons:

Defendant UHS of Delaware, Inc. is the ?alter ego? of Defendant
Shadow Mountain Behavioral Health System 

Shadow Mountain Behavioral Health System LLC is but an
instrumentality of Defendant UHS of Delaware, Inc.;

Defendant UHS of Delaware, Inc. has created Shadow Mountain
Behavioral Health System LLC in an effort to shield itself from personal liability for
the acts of Shadow Mountain Behavioral Health System LLC and others similar
facilities, and the creation of Shadow Mountain Behavioral Health System LLC for
such purposes is a sham and an attempt to circumvent the rights of third persons,
including the Plaintiffs;

In addition to managerial and operational direction and choices made
which affect the facility, Defendant UHS of Delaware, Inc. stands to pro?t or to lose
from the ?nancial success or failure of the Shadow Mountain Behavioral Health

System LLC, and other similar facilities; and

10.

 

Defendant UHS of Delaware, Inc. created Shadow Mountain Health
System LLC in an effort to get around the public policy of protecting Plaintiff and

other residents from neglect.

. Plaintiff presented her son, DP, to Shadow Mountain Behavioral Health System LLC

for medical and care. On or about July 22, 2014 the minor received
serious injury to his buttocks and legs, including but not limited to cigarette burns.
Defendants? agents/employees negligently and inappropriately evaluated, classi?ed
and placed the minor patient into a housing area where the minor was physically, and
possibly sexually, abused. Defendants were negligent in staf?ng this facility,
including but not limited to the number of staff, quali?cations of staff, hiring, ?ring
and training of staff. Defendants were also negligent in the supervision, monitoring
and security of patients as well as the care and treatment of patients. Defendants
conduct amounted to gross negligence and/or reckless disregard for the rights of DP.
This negligence, gross negligence and reckless disregard for the rights of DP caused
severe emotional pain and physical injury to the minor Plaintiff and his family and
has caused Plaintiff to incur medical bills.

During Plaintiff?s stay at Shadow Mountain Behavioral Health System LLC, Plaintiff

sustained injuries resulting from an act, omission or instrumentality which was under

exclusive control and management of the Defendants, and the events causing I

Plaintiffs injuries were of a kind which ordinarily does not occur in the absence of
negligence on the part of Defendants.
Plaintiff adopts and re-pleads all allegations above and states that Defendants?

agent/employees? acted with reckless disregard to the safety of the minor Plaintiff and

 

other patients and/or acted with intent. This conduct proximately caused Plaintiff to
incur pain, suffering and emotional damage. Plaintiff requests that in addition to
compensatory damages, he be awarded punitive damages to punish Defendants and

deter future conduct.

WHEREFORE, Plaintiff prays that Judgment be rendered in his favor against the
Defendants in an amount in excess of seventy-five thousand dollars plus

interest, costs, attorney's fees, and any other relief the Com deems just and equitable.

Respectfully submitted,

Glendellix, OBA ?71
Travis Dunn, OBA 16127
Nicole R. Snapp-Holloway, OBA 18472
MAPLES, NIX DIESSELHORST
2908 Via Esperanza

Edmond, OK 73013

Telephone: (405) 478-3737

Facsimile: (405) 488-1485