Preview
FILED
DALLAS COUNTY
7/29/2015 1:24:15 PM
FELICIA PITRE
DISTRICT CLERK
NO. DC-14-11489
ELDOM ALVAREZ § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
VS. §
§ DALLAS COUNTY, TEXAS
HUNG ENTERPRISES INC. a/k/a §
HUNG EQUITIES – NORTH HILLS, §
INC. d/b/a NORTH HILLS PLACE §
APARTMENTS, SUNRIDGE §
MANAGEMENT GROUP, INC. § 68TH JUDICIAL DISTRICT
Defendants. §
PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Eldom Alvarez complaining of and about Hung Enterprises Inc. a/k/a
Hung Equities – North Hills, Inc. d/b/a North Hills Place Apartments, and SunRidge
Management Group, Inc. for causing injuries and damages to Plaintiff, who will show unto the
Court the following:
A. Parties
1. Plaintiff, Eldom Alvarez (hereinafter “Plaintiff”) is an individual who resides in Tarrant
County, Texas 76111. The last three digits of his social security number are 129 and the
last three digits of his Texas driver's license are 418.
2. Defendant, Hung Enterprises, Inc. a/k/a Hung Equities – North Hills, Inc. d/b/a North
Hills Place Apartments (hereinafter called “Hung”) is a Foreign For-Profit Corporation
doing business within the State of Texas that has been served but has not yet answered.
3. Defendant, SunRidge Management Group, Inc. (hereinafter called SunRidge) is a
Foreign For-Profit Corporation doing business within the State of Texas that has
answered herein.
B. Jurisdiction and Venue
4. The subject matter in controversy is within the jurisdictional limits of this court.
5. The court has jurisdiction over Defendants because they are Foreign For-Profit
Corporations doing business in the State of Texas.
Plaintiff’s Second Amended Original Petition Page 1
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6. Venue is proper in this county because Defendant SunRidge’s principle place of
business in Dallas County, Texas.
C. Facts
7. On Sunday, September 30, 2012, at approximately 8:30 P.M., Plaintiff was descending the
stairway from the apartment he leased located on the second floor of his apartment building
at North Hills Place Apartments located at 3815 Booth Calloway Rd, #11-385, Richland
Hills, Texas. Plaintiff was carrying his one year old child in his left arm and holding
onto the railing with his right hand. Plaintiff had great difficulty descending down the
stairway due to there not being proper lighting installed that would illuminate the
stairwell. It was so dark, the stairs “blended” together in the darkness. Due to the fact
there was no proper lighting, Plaintiff miss-stepped near the end of the stairway.
Plaintiff did everything in his power to not fall because he had his child in his arms;
however, he was unable to stabilize himself due to the darkness and he fell to the
ground. Because he had his one year old child in his arms, Plaintiff fell in an awkward
position to ensure his child’s safety. Unfortunately, that meant injuring his left ankle and
foot. Plaintiff continues to suffer from his injuries and is expected to suffer from them
into the future.
D. Premises Liability
8. At the time of the incident giving rise to this suit, Plaintiff was an invitee of Defendants
by virtue of the lease agreement. He had paid valuable consideration to Defendants for
rent for the use of the apartment, including the location where the incident occurred. The
lease was for the mutual benefit of Plaintiff and the Defendants. Therefore, Defendants
owe Plaintiff the duty that a private person owes an invitee under CPRC §101.022(a).
9. At the time of the incident giving rise to this suit, Defendant Hung owned and
controlled the property where the unreasonably dangerous condition was located,
specifically, the common stairwell located at 3815 Booth Calloway Rd, #11-385,
Richland Hills, Texas. See below.
10. At the time of the incident giving rise to this suit, Defendant SunRidge managed and
controlled the property where the unreasonably dangerous condition was located,
specifically, the stairwell serving apartment number 11-385.
11. Both Defendants had actual or constructive knowledge of the unreasonably dark and
dangerous condition of the premises because Plaintiff had verbally complained to
property managers at North Hills Place Apartments on numerous occasions prior to
this incident but no measures were taken to install proper lighting. The previous
lighting outside of Plaintiff’s door simply illuminated the immediate landing but not
the stairwell. In addition, Plaintiff was an invitee. If Defendants had made reasonable
inspections they would have know about the unreasonably dangerous condition.
12. The poor lighting in the stairwell constituted an unreasonably dangerous condition.
Plaintiff’s Second Amended Original Petition Page 2
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13. Defendants’ failure to make the unreasonably dangerous condition safe constituted a
breach of the duty of ordinary care owed by Defendants to Plaintiff.
14. Each and every, all and singular of the foregoing acts and omissions, on the part of
Defendants, taken separately and/or collectively, constitute a direct and proximate
cause of the pecuniary losses and damages set forth below.
E. Negligence Per Se
15. Defendants’ conduct was negligence per se because they breached a duty imposed by
the City of Richland Hills Ordinance No. 1110-08, Section 7, in effect at the time of the
incident giving rise to this suit, which adopted the 2006 International Property
Maintenance Code (“The 2006 International Property Maintenance Code is hereby
adopted as the official property maintenance code for the City of Richland Hills, Texas
and is fully incorporated by reference as though copied in this ordinance in its
entirety.”).
a) Applicability
i. “The provisions of this code shall apply to all existing residential and
nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility of
owners, operators and occupants; the occupancy of existing structures
and premises, and for administration, enforcement and penalties.”
International Property Maintenance Code (2006) Section 101.2.
ii. “This code shall be construed to secure its expressed intent, which is to
ensure public health, safety and welfare insofar as they are affected by
the continued occupancy and maintenance of structures and premises.”
International Property Maintenance Code (2006) Section 101.3.
iii. Violations of the International Property Maintenance Code (2006)
constitute a criminal offense pursuant to City of Richland Hills
Ordinance No. 1110-08, Section 12, which states: “Any person, firm or
corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined no more than Two Thousand Dollars and no
cents ($2,000.00) for all violations involving zoning, fire safety or public
health and sanitation, including dumping or refuse, and shall be fined not
more than Five Hundred Dollars and no cents ($500.00) for all other
violations of this Ordinance. Each day that a violation is permitted to
exist shall constitute a separate offense.”
Plaintiff’s Second Amended Original Petition Page 3
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b) Defendants violated the International Property Maintenance Code (2006).
i. With respect to the applicability of Chapter 400 of the International
Property Maintenance Code (2006):
1. “The provisions of this chapter shall govern the minimum
conditions and standards for light, ventilation and space for
occupying a structure.” International Property Maintenance
Code Section (2006) 401.1.
2. “The owner of the structure shall provide and maintain light,
ventilation and space conditions in compliance with these
requirements. A person shall not occupy as owner-occupant, or
permit another person to occupy, any premises that do not
comply with the requirements of this chapter.” International
Property Maintenance Code (2006) Section 401.2.
ii. International Property Maintenance Code (2006) Section 402.2. requires
that “[e]very common hall and stairway in residential occupancies, other
than in one- and two-family dwellings, shall be lighted at all times with
at least a 60-watt standard incandescent light bulb for each 200 square
2
feet (19 m ) of floor area or equivalent illumination, provided that the
spacing between lights shall not be greater than 30 feet (9144 mm). In
other than residential occupancies, means of egress, including exterior
means of egress, stairways shall be illuminated at all times the building
space served by the means of egress is occupied with a minimum of 1
footcandle (11 lux) at floors, landings and treads.” Defendants violated
this section.
16. Plaintiff belongs to the class of persons the ordinances were designed to protect and his
injuries are of the type the ordinances were designed to prevent.
17. Defendants’ violation of this ordinance proximately caused the pecuniary losses and
damages set forth below.
F. Damages
18. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff was caused to suffer injuries to his left foot. Plaintiff seeks monetary relief
over $200,000 but not more than $1,000,000 and was caused to incur the following
damages:
a. Reasonable medical care and expenses in the past. These expenses were
incurred by Plaintiff for the necessary care and treatment of the injuries
resulting from the incident complained of herein and such charges are
reasonable and were usual and customary charges for such services in Tarrant
Plaintiff’s Second Amended Original Petition Page 4
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County, Texas;
b. Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
c. Physical pain and mental anguish in the past and future;
d. Physical impairment in the past and future;
e. Lost earning capacity in the past and future; and
f. Loss of household services in the past and future.
G. Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that, upon a
final hearing of the cause, judgment be entered for Plaintiff against Defendants for damages
in an amount within the jurisdictional limits of the Court; together with pre-judgment interest
at the maximum rate allowed by law; post-judgment interest at the maximum legal rate, costs
of court, and for such other and further relief to which Plaintiff may be entitled at law or in
equity.
Respectfully Submitted,
LAW FIRM OF ROGER “ROCKY” WALTON, P.C.
2310 West Interstate 20, Suite 200
Arlington, Texas 76017
Telephone: (817) 429-4299
Fax: (817) 429-3469
By: /s/ Roger D. “Rocky” Walton
Roger D. "Rocky" Walton
State Bar No. 20828300
Ron W. Walton
State Bar No. 00792904
filings@rockywalton.com
ATTORNEYS FOR PLAINTIFF
Plaintiff’s Second Amended Original Petition Page 5
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CERTIFICATE OF SERVICE
This is to certify that, on this 29th day of July, 2015, this pleading has been served upon all
counsel of record n accordance with the Texas Rules of Civil Procedure.
/s/ Roger D. “Rocky” Walton
Roger D. "Rocky" Walton
Plaintiff’s Second Amended Original Petition Page 6
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Preview
FILED DALLAS COUNTY 7/29/2015 1:24:15 PM FELICIA PITRE DISTRICT CLERK NO. DC-14-11489 ELDOM ALVAREZ § IN THE DISTRICT COURT OF § Plaintiff, § § VS. § § DALLAS COUNTY, TEXAS HUNG ENTERPRISES INC. a/k/a § HUNG EQUITIES – NORTH HILLS, § INC. d/b/a NORTH HILLS PLACE § APARTMENTS, SUNRIDGE § MANAGEMENT GROUP, INC. § 68TH JUDICIAL DISTRICT Defendants. § PLAINTIFF’S SECOND AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Eldom Alvarez complaining of and about Hung Enterprises Inc. a/k/a Hung Equities – North Hills, Inc. d/b/a North Hills Place Apartments, and SunRidge Management Group, Inc. for causing injuries and damages to Plaintiff, who will show unto the Court the following: A. Parties 1. Plaintiff, Eldom Alvarez (hereinafter “Plaintiff”) is an individual who resides in Tarrant County, Texas 76111. The last three digits of his social security number are 129 and the last three digits of his Texas driver's license are 418. 2. Defendant, Hung Enterprises, Inc. a/k/a Hung Equities – North Hills, Inc. d/b/a North Hills Place Apartments (hereinafter called “Hung”) is a Foreign For-Profit Corporation doing business within the State of Texas that has been served but has not yet answered. 3. Defendant, SunRidge Management Group, Inc. (hereinafter called SunRidge) is a Foreign For-Profit Corporation doing business within the State of Texas that has answered herein. B. Jurisdiction and Venue 4. The subject matter in controversy is within the jurisdictional limits of this court. 5. The court has jurisdiction over Defendants because they are Foreign For-Profit Corporations doing business in the State of Texas. Plaintiff’s Second Amended Original Petition Page 1 C:\ProgramData\activePDF\DC_ENT\Tmp\84d877\PL 2nd Amended POP - 07.29.15.docx 6. Venue is proper in this county because Defendant SunRidge’s principle place of business in Dallas County, Texas. C. Facts 7. On Sunday, September 30, 2012, at approximately 8:30 P.M., Plaintiff was descending the stairway from the apartment he leased located on the second floor of his apartment building at North Hills Place Apartments located at 3815 Booth Calloway Rd, #11-385, Richland Hills, Texas. Plaintiff was carrying his one year old child in his left arm and holding onto the railing with his right hand. Plaintiff had great difficulty descending down the stairway due to there not being proper lighting installed that would illuminate the stairwell. It was so dark, the stairs “blended” together in the darkness. Due to the fact there was no proper lighting, Plaintiff miss-stepped near the end of the stairway. Plaintiff did everything in his power to not fall because he had his child in his arms; however, he was unable to stabilize himself due to the darkness and he fell to the ground. Because he had his one year old child in his arms, Plaintiff fell in an awkward position to ensure his child’s safety. Unfortunately, that meant injuring his left ankle and foot. Plaintiff continues to suffer from his injuries and is expected to suffer from them into the future. D. Premises Liability 8. At the time of the incident giving rise to this suit, Plaintiff was an invitee of Defendants by virtue of the lease agreement. He had paid valuable consideration to Defendants for rent for the use of the apartment, including the location where the incident occurred. The lease was for the mutual benefit of Plaintiff and the Defendants. Therefore, Defendants owe Plaintiff the duty that a private person owes an invitee under CPRC §101.022(a). 9. At the time of the incident giving rise to this suit, Defendant Hung owned and controlled the property where the unreasonably dangerous condition was located, specifically, the common stairwell located at 3815 Booth Calloway Rd, #11-385, Richland Hills, Texas. See below. 10. At the time of the incident giving rise to this suit, Defendant SunRidge managed and controlled the property where the unreasonably dangerous condition was located, specifically, the stairwell serving apartment number 11-385. 11. Both Defendants had actual or constructive knowledge of the unreasonably dark and dangerous condition of the premises because Plaintiff had verbally complained to property managers at North Hills Place Apartments on numerous occasions prior to this incident but no measures were taken to install proper lighting. The previous lighting outside of Plaintiff’s door simply illuminated the immediate landing but not the stairwell. In addition, Plaintiff was an invitee. If Defendants had made reasonable inspections they would have know about the unreasonably dangerous condition. 12. The poor lighting in the stairwell constituted an unreasonably dangerous condition. Plaintiff’s Second Amended Original Petition Page 2 C:\ProgramData\activePDF\DC_ENT\Tmp\84d877\PL 2nd Amended POP - 07.29.15.docx 13. Defendants’ failure to make the unreasonably dangerous condition safe constituted a breach of the duty of ordinary care owed by Defendants to Plaintiff. 14. Each and every, all and singular of the foregoing acts and omissions, on the part of Defendants, taken separately and/or collectively, constitute a direct and proximate cause of the pecuniary losses and damages set forth below. E. Negligence Per Se 15. Defendants’ conduct was negligence per se because they breached a duty imposed by the City of Richland Hills Ordinance No. 1110-08, Section 7, in effect at the time of the incident giving rise to this suit, which adopted the 2006 International Property Maintenance Code (“The 2006 International Property Maintenance Code is hereby adopted as the official property maintenance code for the City of Richland Hills, Texas and is fully incorporated by reference as though copied in this ordinance in its entirety.”). a) Applicability i. “The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.” International Property Maintenance Code (2006) Section 101.2. ii. “This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.” International Property Maintenance Code (2006) Section 101.3. iii. Violations of the International Property Maintenance Code (2006) constitute a criminal offense pursuant to City of Richland Hills Ordinance No. 1110-08, Section 12, which states: “Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars and no cents ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.” Plaintiff’s Second Amended Original Petition Page 3 C:\ProgramData\activePDF\DC_ENT\Tmp\84d877\PL 2nd Amended POP - 07.29.15.docx b) Defendants violated the International Property Maintenance Code (2006). i. With respect to the applicability of Chapter 400 of the International Property Maintenance Code (2006): 1. “The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.” International Property Maintenance Code Section (2006) 401.1. 2. “The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.” International Property Maintenance Code (2006) Section 401.2. ii. International Property Maintenance Code (2006) Section 402.2. requires that “[e]very common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square 2 feet (19 m ) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.” Defendants violated this section. 16. Plaintiff belongs to the class of persons the ordinances were designed to protect and his injuries are of the type the ordinances were designed to prevent. 17. Defendants’ violation of this ordinance proximately caused the pecuniary losses and damages set forth below. F. Damages 18. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff was caused to suffer injuries to his left foot. Plaintiff seeks monetary relief over $200,000 but not more than $1,000,000 and was caused to incur the following damages: a. Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiff for the necessary care and treatment of the injuries resulting from the incident complained of herein and such charges are reasonable and were usual and customary charges for such services in Tarrant Plaintiff’s Second Amended Original Petition Page 4 C:\ProgramData\activePDF\DC_ENT\Tmp\84d877\PL 2nd Amended POP - 07.29.15.docx County, Texas; b. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; c. Physical pain and mental anguish in the past and future; d. Physical impairment in the past and future; e. Lost earning capacity in the past and future; and f. Loss of household services in the past and future. G. Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that, upon a final hearing of the cause, judgment be entered for Plaintiff against Defendants for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest at the maximum rate allowed by law; post-judgment interest at the maximum legal rate, costs of court, and for such other and further relief to which Plaintiff may be entitled at law or in equity. Respectfully Submitted, LAW FIRM OF ROGER “ROCKY” WALTON, P.C. 2310 West Interstate 20, Suite 200 Arlington, Texas 76017 Telephone: (817) 429-4299 Fax: (817) 429-3469 By: /s/ Roger D. “Rocky” Walton Roger D. "Rocky" Walton State Bar No. 20828300 Ron W. Walton State Bar No. 00792904 filings@rockywalton.com ATTORNEYS FOR PLAINTIFF Plaintiff’s Second Amended Original Petition Page 5 C:\ProgramData\activePDF\DC_ENT\Tmp\84d877\PL 2nd Amended POP - 07.29.15.docx CERTIFICATE OF SERVICE This is to certify that, on this 29th day of July, 2015, this pleading has been served upon all counsel of record n accordance with the Texas Rules of Civil Procedure. /s/ Roger D. “Rocky” Walton Roger D. "Rocky" Walton Plaintiff’s Second Amended Original Petition Page 6 C:\ProgramData\activePDF\DC_ENT\Tmp\84d877\PL 2nd Amended POP - 07.29.15.docx