Collapsed Garage Suit

7/23/2019 Collapsed Garage Suit

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CAUSE NO.

SCOTT MALLON, § IN

THE

COUNTY COURT

ADRIANNA LACARRA, §

EMEH EGHDAMI,

and

§

REZA POURJA VAD

§

§

Plaintiffs §

§

n §

§

THE

RENAISSANCE ON TURTLE CREEK §

CONDOMINIUM ASSOCIATION, INC., §

FIRSTSERVICE RESIDENTIAL §

TEXAS, INC., §

and RECONSTRUCTION EXPERTS, INC. §

§

AT L W NO.

Defendants. § DALLAS COUNTY, TEXAS

PLAINTIFFS' ORIGIN L PETITION AND REOUEST

FOR

DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

Scott Mallon, Adrianna Lacarra, Aemeh Eghdami, and Reza POUljavad (collectively

Plaintiffs ), complaining of The Renaissance

On

Turtle Creek Condominium Association, Inc.,

FirstService Residential Texas, inc. ,

and

Reconstruction Experts,

Inc.

(collectively

Defendants ), and would respectfully show the Court the following:

I

DISCOVERY CONTROL PLAN

1.1 Discovery is intended

to

be conducted under Discovery Control Plan Level 3

as

set forth

in the Texas Rules of Civil Procedure. Plaintiffs seek monetary relief over One Million Dollars

( 1

,000,000.00)

in

accordance with Texas Rule

of

Civil Procedure 47(c)(3).

II

PARTIES

2.1 Scott Mallon is an owner

of

a condominium

at

The Renaissance On Turtle Creek, and

PLAINTIFFS' ORIGINAL PETITION

AND

REO UEST FOR IlISCLOSU

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12/9/2015 4

JOHN F.

COUN

DALLAS



resides in Dallas, Texas.

2.2 Adrianna Lacarra

is an

owner

of

a condominium

at

The Renaissance

On

Turtle Creek,

and resides in Dallas, Texas.

2.3 Aemeh Eghdami

is an

owner of a condominium

at

The Renaissance On Turtle Creek,

and

resides

in

Dallas, Texas.

2.4 Re za Pourjavad

is an

owner of a condominium at The Renaissance On Turtle Creek, and

resides in Dallas, Texas.

2.5 Defendant The Renaissance On Turtle Creek Condominium Association, Inc ( the

Association )

is

a domestic nonprofit corporation conducting business

in

Dallas County, Texas.

The Association may be served with process through its registered agent, FirstService

Residential Texas, Inc , 3102 Oak Lawn Avenue, Suite 202, Dallas, Texas 75219.

2.6 Defendant FirstService Residential Texas, Inc ( FirstService ) is a domestic for-profit

corporation conducting business in Dallas County, Texas. FirstService may be served with

process through its registered agent, Cindy Huey, 3102 Oak Lawn Avenue, Suite 202, Dallas,

Texas 75219.

2.7 Defendant Reconstruction Experts, Inc ( Reconstruction )

is

a foreign for-profit

corporation conducting business in Dallas County, Texas. Reconstruction may be served with

process by serving its registered agent, C T Corporation System, 1999 Bryan Street, Suite 900,

Dallas, Texas 75201.

III

VENUE AND JURISDI TION

3.1 Venue

is

proper

in

Dallas County pursuant

to

Texas Civil Practice and Remedies Code

§15.002(a)(2), because all or a substantial part of the events giving rise to Plaintiffs' claims

PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR DIS CLOSURE

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occurred in Dallas County. Furthermore, this Court has jurisdiction in that the damages being

sought are within the jurisdictionallimits

of

this Court.

IV.

STATEMENT

OF

BACKGROUND FACTS

4.1 Plaintiffs are condominium owners at The Renaissance on Turtle Creek Condominium

( the Condominium ), located

at

3225 Turtle Creek Boulevard, Dallas, Texas 75219.

4.2 Plaintiffs' condominium ownerships are subject to mandatory membership n the

condominium association known as The Renaissance on Turtle Creek Condominium

Association, Inc. ( the Association .

4.3 FirstService Residential Texas, Inc. ( FirstService ) IS the contracted management

company for the Association. Some

of

FirstService's duties include managing the property,

facilitating the Association's service contracts, and supervising the contractors.

4.4 FirstService and the Association contracted with Reconstruction Experts,

Inc

.

( Reconstruction ) to renovate the pool deck at the Condominium. The pool deck is located on

the same level

as

the top floor

of

the parking garage.

4.5

In

September 2015, Reconstruction filed

an

application with the City

of

Dallas to obtain a

permit

to

renovate the pool deck

at

the Condominium. The City of Dallas never issued a permit

to

Reconstruction due to safety concerns with the project. Despite not having a permit,

Reconstruction disregarded the City' s safety concerns and began renovations. Shortly after

renovations began, Reconstruction improperly stacked heavy construction materials-including

crushed concrete, dirt, and

rocks on

the top floor of the garage without accounting for the

maximum weight capacity of the concrete deck.

4.6 On October 23, 2015, due

to

the increased weight of the construction materials, the

PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR DISCLOSURE

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concrete deck collapsed, causing each o the six floors to

fall

like dominoes. The collapse

crushed numerous vehicles and caused Plaintiffs vehicles to be trapped inside the garage.

Plaintiffs are unable to access the parking garage, their vehicles, and their belongings inside the

vehicles. Luckily,

no

one was killed. The photograph below depicts the extensive damage that

was caused during the collapse.

PLAI TIFFS ORIGINAL PETITION

ND

REOUEST FOR DISCLOSURE

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V

CAUSES OF ACTION AGAINST THE ASSOCIATION AND FIRSTSERVICE

Count - Negligence

5 1

Plaintiffs refer

to

and incorporate

all

factual contentions set forth in

all

paragraphs above.

5.2 Plaintiffs would show that the occurrence made the basis o this lawsuit referred to in this

Petition, and Plaintiffs' resulting damages were proximately caused by the negligent conduct

o

Defendants Association and FirstService

in

one or more o the following respects:

1. In

failing

to

ensure Reconstruction acquired the proper building permits from

the City

o

Dallas before proceeding with renovations; and

.

In

failing

to

adequately supervise Reconstruction.

5 3

Each

o

the foregoing, singularly or in combination with others , constitutes negligence

and proximately caused the occurrence made the basis o this action.

Count B - Breach

o

Contract

5.4 Plaintiffs refer to and incorporate

all

factual contentions set forth

in all

paragraphs above.

5 5 In

the Association ' s adopted Rules and Regulations, the Association covenants the

following: Each Unit is entitled to two (2) parking stickers. One parking sticker shall be used

for

the Unit' s assigned parking space, the other for parking a second vehicle

in

any unassigned

parking space on a first-come, first-served basis. Because o the Association and FirstService's

actions or inactions, Plaintiffs have been unable to use their entitled parking spaces. This

constitutes a breach o contract.

5.6 Defendants Association and FirstService have breached their agreements with Plaintiffs

and such breach has resulted

in

damages

in

excess o the minimum jurisdictional limits o this

PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR DISCLOSURE

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Court. The breach

of

contract has proximately resulted in damages to Plaintiffs in excess

of

the

minimum jurisdictional limits of this Court.

VI.

CAUSES

O

ACTION AGArNST RECONSTRUCTION

Count

-

Negligence

6 1 Plaintiffs refer

to

and incorporate all factual contentions set forth in all paragraphs above.

6.2 Plaintiffs would show that the occurrence made the basis

of

this lawsuit referred

to

in this

Petition, and Plaintiffs resulting damages were proximately caused by the negligent conduct

of

Defendant Reconstruction

in

one or more of the following respects:

1

In

failing to abide by safety guidelines;

11

In failing

to

abide by standard construction protocols and procedures;

111 In beginning renovations without obtaining a building permit from the City

of

Dallas;

IV.

In

piling heavy construction materials on the top floor

of

the parking garage

without calculating maximum load capacity; and

v

In failing

to

abide by local and state building codes.

6 3

Each

of

the foregoing, singularly or in combination with others, constitutes negligence

and proximately caused the occurrence made the basis

of

this action.

6.4 Reconstruction s actions and/or inactions have caused Plaintiffs to suffer significant

property damage. As a result of Reconstruction s negligence, Plaintiffs have been deprived

of

the use of the parking garage, their vehicles, and the belongings inside their vehicles since

October 23 , 2015. Additionally, Plaintiffs have suffered a loss of property value and loss

of

enjoyment of their condominiums.

PLAINTIFFS ORIGINAL PETITION

AND

REOU :ST FOR DISCLOSURE Page 6

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Count

-

Gross Negligence

6.5 Plaintiffs refer to and incorporate all factual contentions set forth in all paragraphs above.

6.6 Reconstruction proceeded with renovations despite not having permission from the City

of Dallas. Reconstruction was aware of the risk of harm from their actions and proceeded with

conscious indifference to that risk. Proceeding with renovations without a city permit means

standard building practices and protocols were not followed and resulted in excessive property

damage. Reconstruction s actions constitute gross negligence and entitle Plaintiffs to exemplary

damages pursuant to Texas Civil Practice Remedies Code § 41.003(a).

Count C - Negligence Per Se

6.7 Plaintiffs refer to and incorporate

all

factual contentions set forth in all paragraphs above.

6.8 Chapter 52, Subchapter 3 Section 301 of the Dallas City Code prohibits repairs,

alterations, improvements, and the like to a structure without a permit issued from the City

building official. The purpose of the Code is to safeguard the public health, safety, and welfare.

Plaintiffs are within the class of people the code was designed to protect. Reconstruction

proceeded with structural renovations despite not having a building permit from the City of

Dallas. As a result, the parking garage collapsed and caused Plaintiffs damages.

VII.

D M GES

7.1

As a direct and proximate result of Defendants actions and damages caused by

Defendants, the fair market value of Plaintiffs condominiums and vehicles have been

significantly reduced. In the future, Plaintiffs will now be required to disclose the existence of all

damages that were caused

by

Defendants to any potential buyer.

7.2 Plaintiffs have suffered devaluation and depreciation

of

their property due to stigma and

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reputation damages from the collapse. These damages are based upon the negative societal

perceptions regarding the risks and liabilities associated with owning, renting, and/or holding

property interests in the property that will persist beyond remediation.

7.3 Additionally, Plaintiffs have lost the use and enjoyment

of

their vehicles, the property

inside their vehicles, the parking garage, and their condominiums.

VIII.

JURY

DEMAND

8.1

Pursuant to Rule 216

of

the Texas Rules

of

Civil Procedure, Plaintiffs request a

jury

trial

of

this matter. Accordingly, Plaintiffs tender the proper jury fee with the filing

of

Plaintiffs

Original Petition.

IX.

REOUEST FOR DISCLOSURE

9.

I Under Texas Rule of Civil Procedure 194, Plaintiffs request that Defendants disclose,

within 50 days

of

the service

of

this request, the information

or

material described

in

Rule 194.2

(a) through

I)

.

X.

PRAYER

10.1

Plaintiffs pray that Defendants be cited to appear and answer the allegations set forth in

Plaintiffs Original Petition and recover judgment against Defendants for the following:

(a) Judgment against Defendants for actual damages ;

(b) Judgment against Defendants for consequential and stigma damages;

(c) Judgment against Defendant Reconstruction for exemplary damages;

(d) Attorney s fees and expenses;

(e) Pre-judgment interest;

PLAINTIFFS

ORIGIN L

PETITION ANI) REOUEST FOR DISCLOS URE

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(f) Post-judgment interest;

(g) Costs of Court; and

(h) Such other and further relief to which they may be entitled

at

law or in

equity.

Respectfully submitted,

/s/ Ramez Shamieh

Luis P. Bartolomei

Texas State Bar No. 00796172

lu [email protected]

Ramez F. Shamieh

Texas State Bar No. 24066683

ramez@thebartolomeifirm .com

THE BARTOLOMEI FIRM

3710 Rawlins Suite 16 1

Dallas, Texas 75219

(214) 741-2662 telephone

(214) 741-4717 facsimile

ATTORNEYS

FOR

PLAINTIFFS

PLAINTIff

S

ORIGINAL PETITION AND REOUf-ST FOR DISCLOSURE

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