On November 08, 2016 a
Complaint,Petition
was filed
involving a dispute between
Claiborne, Angela,
and
Amg Woodfair Llc,
Aptvc Llc,
Claiborne, Akeisha,
Claiborne, Alicia,
Gatesco Inc,
Villa De Cancun Apartments,
Woodfair Properties Llc,
for PERSONAL INJ (NON-AUTO)
in the District Court of Harris County.
Preview
Angela Claiborne IN THE DISTRICT COURT OF
Plaintiff
Vv. HARRIS COUNTY, TEXAS
APTVC, LLC
Defendant 190 JUDICIAL DISTRICT
Plaintiff's Fourth Amended Petition
Angela Claiborne, (“Plaintiff”) complains of APTVC, LLC, GATESCO, INC.,
WOODFAIR PROPERTIES, LLC and AMG WOODFAIR, LLC (“Defendants”) and would
Nature of Action
1 Plaintiff sues Defendants for negligence, gross negligence, and violations of
the Deceptive Trade Practices Act in causing injuries to Plaintiff.
Jurisdiction and Venue
2 Jurisdiction and venue are proper in this Court as to Plaintiff because the
damages sought herein are within the jurisdictional limits of this Court, and Defendants are
residents of this County and a substantial part of the events or omissions giving rise to each
of Plaintiffs causes of ac
—_
Discovery in this matter may be conducted under Level 2 of the Texas Rules
Parties
4 Angela Claiborne is a resident of the State of Texas.
5 Defendant APTVC, LLC, is a Texas Company and may be served
process through its registered agent, Gary Gates, 2205 Avenue I, Suite 117, Rosenberg,
6 Defendant GATESCO, INC. is a Texas Corporation and may be served with
process through its registered agent, Gary Gates, 2205 Avenue I, Suite 117, Rosenberg,
7 Defendant WOODFAIR PROPERTIES, LLC (“Woodfair’) is a Texas
company and may be served with process through its registered agent, Kersi Fali Engineer, at
8 Defendant AMG WOODFAIR, LLC (“Woodfair”) is a Texas company and
may be served with process through its registered agent, Adam Glickman, at 9450 Woodfair
Vv.
—
9 On or about June 5, 2016, Plaintiff Angela Claiborne was injured when the
ceiling in the apartment she leased from Defendants collapsed and landed on her.
Defendants had actual notice that the ceiling required repair before the incident. As a result
ved severe injuries to her back
10. The slightest degree of care by Defendants could have prevented Plaintiff's
injuries. Defendants were instead consciously indifferent to the dangerous condition of
Plaintiff's apartment.
11. These occurrences and injuries are a direct and proximate result of the
Defendants’ negligence and/or gross negligence.
Causes of Action
A Negligence
12. Plaintiff repeats the factual allegations contained above.
13. Defendants were negligent
Failing to provide Plaintiff a reasonably safe apartment;
Failing to repair the ceiling;
edy a known danger;
Failing to properly train their employees;
Failing to implement adequate procedures to ensure residents re
prompt assistance regarding dangerous conditions;
Failing to properly maintain the
their employees; and
Other acts deemed negligent.
14. As a direct and proximate result of Defendants’ negligence, Plaintiff suffered
actual damages in excess of the jurisdictional limits of this C
B. Gross Negligence
15. Plaintiff repeats the factual allegations contained above.
16. Plaintiff's injuries were caused by the gross negligence of Defendants.
Defendants’ conduct involved an extreme degree of risk, considering the probability and
magnitude of the potential harm to others. Defendants had actual, subjective awareness of
the risk involved, but nevertheless proceeded with conscious indifference to the rights,
safety, and welfare of Plaintiff. Defendants were grossly negligent for the following
Failing to provide Plaintiff a reasonably safe apartment;
Failing to repair the ceiling;
edy a known danger;
Failing to properly train their employees;
Failing to implement adequate procedures to ensure residents re
prompt assistance regarding dangerous conditions;
their employees; and
Other acts deemed negligent.
17. As a direct and proximate result of Defendants’ gross negligence, Plaintiff
suffered actual damages in excess of the jurisdictional limits of this Court. Due to
sts exemplary damages.
Cc Violations of the Deceptive Trade Practices Act (DTPA)
18 Plaintiff repeats the factual allegations contained above.
19 Defendants violated the Deceptive Trade Practices Act by:
Breaching the implied warranty of habitability;
Misrepresenting that Plaintiff's apartment had been repaired and/or did
not require repairs;
Breaching the implied warranty of suitability;
Misrepresenting services associated with the lease;
Other acts deemed deceptive and/or unconscionable.
Damage:
20. Plaintiff repeats and realle
21 Due to Defendants’ negligence and gross negligence, Angela Claiborne
sustained
Compensatory damages ag
Actual damages;
Consequential damages;
Pain and suffering;
Exemplary damages;
Past and future mental anguish;
Past and future impairment;
re- and post-judgment) law;
Expert witness fees;
—_——_
Plaintiff prays that this citation issue and be served upon Defendants in a form and
manner prescribed by law, requiring that Defendants appear and answer, and that upon final
hearing, Plaintiff has judgment against Defendants, in a total sum in excess of the minimum
jurisdictional limits of this Court, plus pre-judgment and post-judgment interests, all costs of
Court, exemplary damages, and all such other and further relief, to which she may show
Jury Trial Demanded
Plaintiff hereby demands a trial by jury.
ARNOLD & ITKIN LLP
/s/ Rebecca L. Adams
Jason A. Itkin
State Bar N
Noah M. Wexler
State Bar N
Ben Bireley
State Bar N
Rebecca Adams
Texas State Bar No
6009 Memorial Drive
Houst
Telephone: (
Facsimile: (713) 222-3850
wexler@arnolditkin.com
adams@arnolditkin.com
-service@arnolditkin.com
ATTORNEYS FOR PLAINTIFF
Preview
Angela Claiborne IN THE DISTRICT COURT OF Plaintiff Vv. HARRIS COUNTY, TEXAS APTVC, LLC Defendant 190 JUDICIAL DISTRICT Plaintiff's Fourth Amended Petition Angela Claiborne, (“Plaintiff”) complains of APTVC, LLC, GATESCO, INC., WOODFAIR PROPERTIES, LLC and AMG WOODFAIR, LLC (“Defendants”) and would Nature of Action 1 Plaintiff sues Defendants for negligence, gross negligence, and violations of the Deceptive Trade Practices Act in causing injuries to Plaintiff. Jurisdiction and Venue 2 Jurisdiction and venue are proper in this Court as to Plaintiff because the damages sought herein are within the jurisdictional limits of this Court, and Defendants are residents of this County and a substantial part of the events or omissions giving rise to each of Plaintiffs causes of ac —_ Discovery in this matter may be conducted under Level 2 of the Texas Rules Parties 4 Angela Claiborne is a resident of the State of Texas. 5 Defendant APTVC, LLC, is a Texas Company and may be served process through its registered agent, Gary Gates, 2205 Avenue I, Suite 117, Rosenberg, 6 Defendant GATESCO, INC. is a Texas Corporation and may be served with process through its registered agent, Gary Gates, 2205 Avenue I, Suite 117, Rosenberg, 7 Defendant WOODFAIR PROPERTIES, LLC (“Woodfair’) is a Texas company and may be served with process through its registered agent, Kersi Fali Engineer, at 8 Defendant AMG WOODFAIR, LLC (“Woodfair”) is a Texas company and may be served with process through its registered agent, Adam Glickman, at 9450 Woodfair Vv. — 9 On or about June 5, 2016, Plaintiff Angela Claiborne was injured when the ceiling in the apartment she leased from Defendants collapsed and landed on her. Defendants had actual notice that the ceiling required repair before the incident. As a result ved severe injuries to her back 10. The slightest degree of care by Defendants could have prevented Plaintiff's injuries. Defendants were instead consciously indifferent to the dangerous condition of Plaintiff's apartment. 11. These occurrences and injuries are a direct and proximate result of the Defendants’ negligence and/or gross negligence. Causes of Action A Negligence 12. Plaintiff repeats the factual allegations contained above. 13. Defendants were negligent Failing to provide Plaintiff a reasonably safe apartment; Failing to repair the ceiling; edy a known danger; Failing to properly train their employees; Failing to implement adequate procedures to ensure residents re prompt assistance regarding dangerous conditions; Failing to properly maintain the their employees; and Other acts deemed negligent. 14. As a direct and proximate result of Defendants’ negligence, Plaintiff suffered actual damages in excess of the jurisdictional limits of this C B. Gross Negligence 15. Plaintiff repeats the factual allegations contained above. 16. Plaintiff's injuries were caused by the gross negligence of Defendants. Defendants’ conduct involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Defendants had actual, subjective awareness of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety, and welfare of Plaintiff. Defendants were grossly negligent for the following Failing to provide Plaintiff a reasonably safe apartment; Failing to repair the ceiling; edy a known danger; Failing to properly train their employees; Failing to implement adequate procedures to ensure residents re prompt assistance regarding dangerous conditions; their employees; and Other acts deemed negligent. 17. As a direct and proximate result of Defendants’ gross negligence, Plaintiff suffered actual damages in excess of the jurisdictional limits of this Court. Due to sts exemplary damages. Cc Violations of the Deceptive Trade Practices Act (DTPA) 18 Plaintiff repeats the factual allegations contained above. 19 Defendants violated the Deceptive Trade Practices Act by: Breaching the implied warranty of habitability; Misrepresenting that Plaintiff's apartment had been repaired and/or did not require repairs; Breaching the implied warranty of suitability; Misrepresenting services associated with the lease; Other acts deemed deceptive and/or unconscionable. Damage: 20. Plaintiff repeats and realle 21 Due to Defendants’ negligence and gross negligence, Angela Claiborne sustained Compensatory damages ag Actual damages; Consequential damages; Pain and suffering; Exemplary damages; Past and future mental anguish; Past and future impairment; re- and post-judgment) law; Expert witness fees; —_——_ Plaintiff prays that this citation issue and be served upon Defendants in a form and manner prescribed by law, requiring that Defendants appear and answer, and that upon final hearing, Plaintiff has judgment against Defendants, in a total sum in excess of the minimum jurisdictional limits of this Court, plus pre-judgment and post-judgment interests, all costs of Court, exemplary damages, and all such other and further relief, to which she may show Jury Trial Demanded Plaintiff hereby demands a trial by jury. ARNOLD & ITKIN LLP /s/ Rebecca L. Adams Jason A. Itkin State Bar N Noah M. Wexler State Bar N Ben Bireley State Bar N Rebecca Adams Texas State Bar No 6009 Memorial Drive Houst Telephone: ( Facsimile: (713) 222-3850 wexler@arnolditkin.com adams@arnolditkin.com -service@arnolditkin.com ATTORNEYS FOR PLAINTIFF