Dive Brief:

• A tenant of the 2400 Briarwest Apartments in Houston is suing the property’s San Antonio-based operator Commerce Capital Partners LLC and owner Comcapp West Oaks LLC, for $1 million in damages after a portion of her unit’s ceiling collapsed on her, according to court documents filed on Aug. 14.
• In March 2022, the plaintiff, Geraldenese Freeman, noted puckering and bubbling in the ceiling of her unit above her bathtub, according to the lawsuit. She informed the property’s management, and a member of the maintenance team allegedly sprayed bleach and checked the upstairs apartment for leaks, but did not otherwise inspect the ceiling. Freeman was given a repair order saying the issue was resolved.
• Nine months later, in December 2022, the ceiling collapsed on Freeman while she was taking a shower, which she said caused injuries to her neck, back and right arm. The plaintiff alleges the collapse was the result of the defendants’ negligence, including negligent hiring and training of staff.

Dive Insight:

Following the collapse, the suit states that Freeman’s daughter-in-law called property management about the damaged ceiling. The maintenance team inspected the ceiling a day later, then repaired the damage, including plumbing damage, over the next two to three days. 

The lawsuit alleges that the plaintiff, as a tenant, is considered an invitee of the defendants, who had a responsibility to keep the premises safe, and did not exercise care to do so, which allegedly led to the plaintiff’s injuries. It also includes a count of gross negligence, alleging that the defendant knew of the risk associated with the ceiling’s condition but chose not to address it. 

Furthermore, the suit states that the company is responsible for the actions of its employees. “Defendants owed a legal duty to plaintiff to hire, supervise, train or retain competent employees,” the suit reads. “Defendants breached their duty in using ordinary care.”

Damages alleged as a consequence of the collapse include medical expenses, physical pain and suffering, mental anguish, disfigurement and loss of earning capacity. The plaintiff seeks a jury trial in the case. 

Commerce Capital Partners owns and operates 17 apartment properties in Houston; San Antonio; College Station, Texas; and Tucson, Arizona, according to its website. Comcapp West Oaks is an ownership entity associated with Commerce Capital Partners. The company did not respond to a request for comment from Multifamily Dive.