Port Arthur residents file restraining orders against nursing home, apartment complex

nursing home rescue.PNG

A Jefferson County district judge granted a temporary restraining order against the parent company of two Port Arthur nursing homes, where elderly patients were rescued from flooding inside the facility after Harvey caused significant damage throughout the Texas Coast.

Senior Care Centers, the parent company for Lake Arthur Place and Cypress Glen nursing homes in Port Arthur, was ordered last Friday to preserve a list of data, information and property at Lake Arthur Place.

The restraining order accuses Senior Care of failing "to timely evacuate residents of Lake Arthur Place resulting in these medically fragile residents having to be evacuated by volunteers in boats as the flood waters rose," according to the Sept. 8 petition.

The petition was filed on behalf of Lake Arthur residents Rosaria Jo Leboeuf and Harding Guilbeaux. They anticipate filing a lawsuit in the future and sought the restraining order to preserve evidence, the petition states.

Rescues were recorded on live television Aug. 30 by KFDM/Fox 4.

RELATED: Port Arthur nursing home patients in urgent need of help amid massive flooding

Here is the list of nine items Senior Care has been ordered to not transport, remove, alter, or disturb, according to District Judge Baylor Wortham's order:

  • The nursing home facility known as Lake Arthur Place located at 4225 Lake Arthur Drive in Port Arthur
  • All waste management containers currently on the property for remediation purposes
  • Any computer system and/or computer server located at Lake Arthur Place
  • Medical records for (Leboeuf and Guilbeaux)
  • Any communications, including but not limited to text messages and email communications between Jeff Rosetta (manager at Lake Arthur Place) and the corporate office of Senior Care Centers and/or Senior Care Center Management from Aug. 25 to present regarding Respondents evacuation plan for its residents
  • All photographs and/or video tapes of the rescue (Leboeuf and Guilbeaux) and scene where the incident occurred
  • All witness statements to any witness to the occurrence whether signed or not
  • All accident and/or investigative reports which refer to or relate to this incident
  • The cellphone of Jeff Rosetta so that the cellular data and items can be examined

A Senior Care Centers said in an email it's the company's policy not to comment on pending legal matters but "above all, our patients and residents remain our highest priority."

The company released this statement last week, a day before residents filed the restraining order.

You can read that petition and temporary restraining order in their entirety here:

In a separate filing on Monday, Robin Scypion is taking legal action against the Rampart Apartments in Port Arthur, where the first floor unit was extensively damaged.

Scypion alleges that on Sept. 6, the apartment complex's main phone number had a recorded message saying to be out by Sept. 9.

Scypion accuses the apartments of forcibly disposing personal property "in a manner which violates the Texas Property Code."

With FEMA assistance, Scypion is staying at a Dallas hotel for the next two weeks, according to court documents.

You can read that petition entirety here and here:

Property managers at Rampart were not immediately available for comment.

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