8/22/2018 3:25 PM

Velva L. Price
District Clerk
Travis County
D-1-GN-18-004799
CAUSE NO. ______________ D-1-GN-18-004799
Victoria Benavides

e
STEVEN VICTOR MROSKI § IN THE DISTRICT COURT OF

ic
and ZACHARY A. ROSENFELD §

Pr
§
v. §

L.
§ TRAVIS COUNTY, TEXAS
SAN MARCOS GREEN INVESTORS, §

a
LLC, ELEVATE MULTIFAMILY, LLC, §

lv
and DEBORAH JONES § 200TH
§ ______ JUDICIAL DISTRICT

Ve
PLAINTIFFS’ ORIGINAL PETITION

k
er
COME NOW Steven Victor Mroski and Zachary A. Rosenfeld (“Plaintiffs”),

Cl
who file this Petition, complaining of San Marcos Green Investors, LLC, Elevate

ct
Multifamily LLC, and Deborah Jones (“Defendants”) and would respectfully show the
tri
following:
is

I. DISCOVERY CONTROL PLAN

.D

Plaintiffs intend for discovery to be conducted under Level 2.

Co

II. VENUE AND JURISDICTION

is

Plaintiffs seek damages within the jurisdictional limits of this Court. This Court
av

has personal jurisdiction over Defendants because they are either individuals residing in
Tr

or companies doing business in this State. The causes of action herein arose from
y
op

Defendants’ activities in this State.

lc

Venue is proper in Travis County, Texas, pursuant to Section 15.002(3) of the

ia

Texas Civil Practices and Remedies Code, as one or more Defendants reside in or
fic

maintain a principal office in this county.

of

III. PARTIES
Un

Plaintiff Steven Victor Mroski is an individual who resides in Texas.

1
 Plaintiff Zachary A. Rosenfeld is an individual who resides in Texas.

e
Defendant San Marcos Green Investors, LLC, is a Texas limited liability

ic
Pr
company doing business in Texas. It may be served by and through its registered

L.
agent: Registered Agent Solutions, Inc., 1701 Directors Blvd., Suite 300, Austin,

a
Texas 78744.

lv
Defendant Elevate Multifamily, LLC, is a Texas limited liability company

Ve
doing business in Texas. It may be served by and through its registered agent:

k
er
Registered Agent Solutions, Inc., 1701 Directors Blvd., Suite 300, Austin, Texas

Cl
78744.

ct
Defendant Deborah Jones is an individual who resides in Travis County,
tri
Texas. She may be served through personal process at 3306 Dolphin Drive, Apt. A,
is

Austin, Texas 78704, or wherever she may be found.

.D

IV. BACKGROUND
Co

On or about July 20, 2018, Plaintiffs were sleeping in the Iconic Village
is

Apartments, owned and managed by the Defendants and located, 222 Ramsay Street,
av

San Marcos, Texas. In the early morning hours that day, a large fire broke out and
Tr

spread throughout the apartment complex. Due to defective alarms, or the nonexistence
y
op

or inadequacy of such, Plaintiffs were not immediately alerted of the fire. Due to the lack
lc

of a fire suppression system, or the inadequacy of such, the fire spread quickly. Plaintiffs
ia

finally awoke to the sound of screams, people running, and glass breaking. The heat from
fic

the fire by this point had started to crack the windows inside of their individual apartment
of

unit. By this point, flames were rising through the breezeway near their individual unit.
Un

Both Plaintiffs attempted to reach the front door of the complex but were confronted with

2
 a wall of fire and smoke. Plaintiffs then went into one of the individual units in attempt

e
to escape out of a window. The apartment was on the second floor. Plaintiffs were forced

ic
Pr
to jump from the apartment unit, causing significant injuries to their feet, legs, backs,

L.
necks, and other parts of their bodies. After jumping, Plaintiffs lay there helplessly on the

a
ground because neither of them could walk due to injury. Fortunately, other residents

lv
discovered Plaintiffs and helped them reach a safe position.

Ve
The Iconic Village Apartments is owned by Defendant San Marcos Green

k
er
Investors, LLC. At the time of the incident made the basis of this lawsuit, the site was

Cl
also managed and maintained controlled and supervised by Defendants Elevate

ct
Multifamily, LLC and Deborah Jones. Defendants failed to adequately maintain,
tri
inspect, or test the smoke detectors for years before the fire occurred on or about July
is

20, 2018. Defendants also failed to put in place an adequate fire suppression system,
.D

and failed to properly maintain and inspect wiring and appliances at the complex.
Co

V. CAUSES OF ACTION
is

Negligence/Gross Negligence (All Defendants)

av

Plaintiffs incorporate the above paragraphs as if set forth in full below.

Tr

All Defendants owed the Plaintiffs the duty of ordinary care. Defendants, by
y
op

and through their officers, employees, agents and representatives, committed acts of
lc

omission and commission, which breached that duty, and which, collectively and
ia

severally, constitute negligence and gross negligence.

fic

Defendants’ negligent acts and omissions include, inter alia:

of

1) Contributing or causing an unsafe living condition;

Un

2) Participating in and contributing to acts that caused the incident in

3
 question;

e
3) Failing to adequately inspect and test fire alarm systems;

ic
Pr
4) Failed to adequately inspect and test fire prevention systems;

L.
5) Failing to provide fire sprinkler systems;

a
6) Failing to provide assistance, or to ensure proper fire alarm systems

lv
were in place;

Ve
7) Failing to install proper and necessary fire escape systems;

k
er
8) Failing to warn of known hazards;

Cl
9) Failing to properly screen, hire, train and supervise employees and

ct
contractors; tri
10) Creating latent dangers, but failing to warn of same; and
is

11) Violating standards regarding dwelling safety intended to protect

.D

occupants.
Co

These acts of negligence and gross negligence were the actual and proximate
is

cause of the injuries sustained by the Plaintiffs.

av

Further, by way of the failures above, Defendants’ actions were knowing,

Tr

reckless, and/or malicious, and when viewed objectively from these Defendants’
y
op

standpoint, involve an extreme degree of risk considering the probability and magnitude

of potential harm to others. Defendants had subjective awareness of the risk involved,
lc
ia

but nevertheless proceeded in conscious indifference to the rights, safety and/or welfare
fic

of others. Therefore, Plaintiffs seek punitive damages against Defendants.

of

Premises Liability (All Defendants)

Un

Plaintiffs incorporate the above paragraphs as if set forth in full below.

4
 Defendants had actual or constructive knowledge of the dangerous conditions of

e
the premises. The conditions posed an unreasonable risk, and Defendants did not

ic
Pr
exercise reasonable care to reduce or eliminate the risk of harm to others, including

L.
Plaintiffs. Defendants’ failure to use such care proximately caused the injuries at issue.

a
Moreover, Plaintiffs did not have actual knowledge of the unreasonable

lv
dangerous condition. Plaintiffs entered Defendants’ premises with permission as

Ve
invitees. Defendants had a duty to either warn Plaintiffs of the unreasonably dangerous

k
er
condition, or make the unreasonably dangerous condition reasonably safe. Defendants

Cl
breached this duty by failing to warn Plaintiffs of this known unreasonably dangerous

ct
condition and by failing to make the unreasonably dangerous condition reasonably safe.
tri
Defendants’ breach proximately caused Plaintiffs injuries.
is

VI. DAMAGES
.D

Plaintiffs seek damages in an amount greater than $5,000,000. Plaintiffs seek

Co

damages for past and future medical expenses; loss of past and future earning capacity;
is

past and future pain and suffering; past and future mental anguish; past and future
av

disfigurement; and past and future physical impairment.

Tr

Because of the nature of Defendants’ actions, Plaintiffs seek punitive damages.

y
op

Plaintiffs also seek costs as well as pre-judgment and post-judgment interest at the

appropriate rate allowed by law. Plaintiff seeks any other and further relief to which he
lc
ia

may be justly entitled.

fic

All conditions precedent have been performed or have occurred.

of

VII. REQUEST FOR DISCLOSURE

Un

5
 Pursuant to Tex. R. Civ. P. 194, Plaintiffs request that each Defendant disclose

e
within fifty (50) days of service of this Request for Disclosure, the information and/or

ic
Pr
material described in Rule 194.2.

L.
VIII. JURY DEMAND

a
Plaintiffs respectfully demand a jury trial and tenders the appropriate fee.

lv
IX. PRAYER

Ve
For these reasons, Plaintiffs ask that each Defendant be cited to appear and

k
er
answer this suit. Plaintiffs ask that this case be set for trial without delay, and that

Cl
Plaintiffs recover judgment from Defendants for damages in such an amount that they

ct
evidence may show and the trier of fact may determine to be proper.
tri
is

THE BUZBEE LAW FIRM

.D
Co

By: /s/ Anthony G. Buzbee___

Anthony G. Buzbee
is

State Bar No. 24001820

tbuzbee@txattorneys.com
av

Ryan S. Pigg
State Bar. 24088227
Tr

rpigg@txattorneys.com
Leah M. Fiedler
y

State Bar No. 24080345

op

lfiedler@txattorneys.com
JP Morgan Chase Tower
lc

600 Travis, Ste. 7300

Houston, Texas 77002
ia

Telephone: (713) 223-5393

fic

Facsimile: (713) 223-5909

of

ATTORNEYS FOR PLAINTIFF

Un

6
 CIVIL CASE INFORMATION SHEET
CAUSE NUMBER (FOR CLERK USE ONLY): _______________________________ COURT (FOR CLERK USE ONLY): ______________________

STYLED STEVEN VICTOR MROSKI AND ZACHARY A. ROSENFELD V SAN MARCOS GREEN
INVESTORS, LLC., ET AL

e
(e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson)

ic
A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental

Pr
health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at
the time of filing.
1. Contact information for person completing case information sheet: Names of parties in case: Person or entity completing sheet is:

L.
Attorney for Plaintiff/Petitioner
Name: Email: Plaintiff(s)/Petitioner(s): Pro Se Plaintiff/Petitioner
Anthony G. Buzbee tbuzbee@txattorneys.c Title IV-D Agency

a
om Steven Victor Mroski and Other:

lv
Address: Zachary A. Rosenfeld
600 Travis Street, Additional Parties in Child Support Case:
Telephone:

Ve
Suite 7300 713-223-5393 Custodial Parent:
Defendant(s)/Respondent(s):
City/State/Zip: Fax: Non-Custodial Parent:

k
Houston, TX 77002 713-223-5909 San Marcos Green

er
Presumed Father:
Signature: State Bar No: Investors, LLC, Elevate

Cl
_____________________________
24001820 Multifamily, LLC, and
Deborah Jones

ct
tri
[Attach additional page as necessary to list all parties]
2. Indicate case type, or identify the most important issue in the case (select only 1):
is
Civil Family Law
Post-judgment Actions
.D

Contract Injury or Damage Real Property Marriage Relationship (non-Title IV-D)

Debt/Contract Assault/Battery Eminent Domain/ Annulment Enforcement
Consumer/DTPA Construction Condemnation Declare Marriage Void Modification—Custody
Co

Debt/Contract Defamation Partition Divorce Modification—Other

Fraud/Misrepresentation Malpractice Quiet Title With Children Title IV-D
Other Debt/Contract: Accounting Trespass to Try Title No Children Enforcement/Modification
Legal Other Property: Paternity
is

Foreclosure Medical Reciprocals (UIFSA)

Home Equity—Expedited Other Professional Support Order
av

Other Foreclosure Liability:

Franchise Motor Vehicle Accident Related to Criminal
Insurance Matters Other Family Law Parent-Child Relationship
Premises
Tr

Landlord/Tenant Product Liability Expunction Enforce Foreign Adoption/Adoption with

Non-Competition Asbestos/Silica Judgment Nisi Judgment Termination
Partnership Other Product Liability Non-Disclosure Habeas Corpus Child Protection
Seizure/Forfeiture Name Change Child Support
y

Other Contract: List Product:

Writ of Habeas Corpus— Protective Order Custody or Visitation
op

Other Injury or Damage: Pre-indictment Removal of Disabilities Gestational Parenting

Other: of Minority Grandparent Access
Other: Paternity/Parentage
lc

Employment Other Civil  Termination of Parental

Discrimination Administrative Appeal Lawyer Discipline Rights
Other Parent-Child:
ia

Retaliation Antitrust/Unfair Perpetuate Testimony

Termination Competition Securities/Stock
Code Violations
fic

Workers’ Compensation Tortious Interference

Other Employment: Foreign Judgment Other:
Intellectual Property
of

Tax Probate & Mental Health

Tax Appraisal Probate/Wills/Intestate Administration Guardianship—Adult
Un

Tax Delinquency Dependent Administration Guardianship—Minor

Other Tax Independent Administration Mental Health
Other Estate Proceedings  Other:

3. Indicate procedure or remedy, if applicable (may select more than 1):

Appeal from Municipal or Justice Court Declaratory Judgment Prejudgment Remedy
Arbitration-related Garnishment Protective Order
Attachment Interpleader Receiver
Bill of Review License Sequestration
Certiorari Mandamus Temporary Restraining Order/Injunction
Class Action Post-judgment Turnover
4. Indicate damages sought (do not select if it is a family law case):
Less than $100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees
Less than $100,000 and non-monetary relief
Over $100, 000 but not more than $200,000
Over $200,000 but not more than $1,000,000
Over $1,000,000 

e
Rev 2/13

ic
Pr
L.
a
lv
Ve
k
er
Cl
ct
tri
is
.D
Co
is
av
Tr
y
op
lc
ia
fic
of
Un
 CIVIL PROCESS REQUEST FORM

FOR EACH PARTY SERVED YOU MUST FURNISH ONE (1) COPY OF THE PLEADING
FOR WRITS FURNISH TWO (2) COPIES OF THE PLEADING PER PARTY TO BE SERVED

CASE NUMBER: ___________________________ CURRENT COURT: _____________________________________

e
ic
TYPE OF INSTRUMENT TO BE SERVED (See Reverse For Types): Plainiff’s Original Petition ________________________________

Pr
FILE DATE OF MOTION: August 22, 2018 ____________________________________________________________________
Month/ Day/ Year

L.
SERVICE TO BE ISSUED ON (Please List Exactly As The Name Appears In The Pleading To Be Served):
1. NAME: San Marcos Green Investors, LLC ___________________________________________________________________

a
ADDRESS: 1701 Directors Blvd., Suite 300, Austin, TX 78744 ___________________________________________________

lv
AGENT, (if applicable): Registered Agent Solutions, Inc. _________________________________________________________

Ve
Citation
TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): __________________________________________
SERVICE BY (check one):

k
ATTORNEY PICK-UP CONSTABLE

er
CIVIL PROCESS SERVER - Authorized Person to Pick-up: Court Record Research ____ Phone:713-227-3353 __
MAIL CERTIFIED MAIL

Cl
PUBLICATION:
Type of Publication: COURTHOUSE DOOR, or
NEWSPAPER OF YOUR CHOICE: ______________________________________

ct
OTHER, explain ________________________________________________________________________________
tri
ATTENTION: Effective June1, 2010
is

For all Services Provided by the DISTRCT CLERKS OFFICE requiring our office to MAIL something back to the
.D

Requesting Party, we require that the Requesting Party provide a Self-Addressed Stamped Envelope with sufficient postage
for mail back. Thanks you,
Co

**********************************************************************************************************

2. NAME: Elevate Multifamily, LLC __________________________________________________________________________

is

ADDRESS: 1701 Directors Blvd., Suite 300, Austin, TX 78744 ___________________________________________________

av

AGENT, (if applicable): Registered Agent Solutions, Inc. _________________________________________________________

citation
TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): __________________________________________
Tr

SERVICE BY (check one):

ATTORNEY PICK-UP CONSTABLE
y

CIVIL PROCESS SERVER - Authorized Person to Pick-up: Court Record Research ___ Phone: 713-227-3353 __
op

MAIL CERTIFIED MAIL

lc

PUBLICATION:
Type of Publication: COURTHOUSE DOOR, or
ia

NEWSPAPER OF YOUR CHOICE: ______________________________________

OTHER, explain ________________________________________________________________________________
fic
of

ATTORNEY (OR ATTORNEY'S AGENT) REQUESTING SERVICE:

NAME: Anthony G. Buzbee_____________________________________ TEXAS BAR NO./ID NO. 24001820 ______________
Un

MAILING ADDRESS: 600 Travis St., Suite 7300, Houston, TX 77002 ________________________________________________
PHONE NUMBER: 713 _____ 223-5393 ________________ FAX NUMBER: 713 _____ 223-5909_________________
area code phone number area code fax number

EMAIL ADDRESS: ledelacruz@txattorneys.com _________________________________________________________________

Page 1 of 2
S:\FormsLib\Civil Bureau\Civ Fam Intake & Customer Svc\Civintake\Civil Process Request Form Rev. 5/7/10
 CIVIL PROCESS REQUEST FORM

FOR EACH PARTY SERVED YOU MUST FURNISH ONE (1) COPY OF THE PLEADING
FOR WRITS FURNISH TWO (2) COPIES OF THE PLEADING PER PARTY TO BE SERVED

CASE NUMBER: ___________________________ CURRENT COURT: _____________________________________

e
ic
TYPE OF INSTRUMENT TO BE SERVED (See Reverse For Types): Plainiff’s Original Petition ________________________________

Pr
FILE DATE OF MOTION: August 22, 2018 ____________________________________________________________________
Month/ Day/ Year

L.
SERVICE TO BE ISSUED ON (Please List Exactly As The Name Appears In The Pleading To Be Served):
1. NAME: Deborah Jones __________________________________________________________________________________

a
ADDRESS: 3306 Dolphin Dr., Apt. A, Austin, TX 78704, or wherever she may be found. ______________________________

lv
AGENT, (if applicable): ___________________________________________________________________________________

Ve
Citation
TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): __________________________________________
SERVICE BY (check one):

k
ATTORNEY PICK-UP CONSTABLE

er
CIVIL PROCESS SERVER - Authorized Person to Pick-up: Court Record Research ____ Phone:713-227-3353 __
MAIL CERTIFIED MAIL

Cl
PUBLICATION:
Type of Publication: COURTHOUSE DOOR, or
NEWSPAPER OF YOUR CHOICE: ______________________________________

ct
OTHER, explain ________________________________________________________________________________
tri
ATTENTION: Effective June1, 2010
is

For all Services Provided by the DISTRCT CLERKS OFFICE requiring our office to MAIL something back to the
.D

Requesting Party, we require that the Requesting Party provide a Self-Addressed Stamped Envelope with sufficient postage
for mail back. Thanks you,
Co

**********************************************************************************************************

2. NAME: ______________________________________________________________________________________________
is

ADDRESS: ___________________________________________________________________________________________
av

AGENT, (if applicable): ____________________________________________________________________________________

TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): __________________________________________
Tr

SERVICE BY (check one):

ATTORNEY PICK-UP CONSTABLE
y

CIVIL PROCESS SERVER - Authorized Person to Pick-up: ______________________ Phone: ______________

op

MAIL CERTIFIED MAIL

lc

PUBLICATION:
Type of Publication: COURTHOUSE DOOR, or
ia

NEWSPAPER OF YOUR CHOICE: ______________________________________

OTHER, explain ________________________________________________________________________________
fic
of

ATTORNEY (OR ATTORNEY'S AGENT) REQUESTING SERVICE:

NAME: Anthony G. Buzbee_____________________________________ TEXAS BAR NO./ID NO. 24001820 ______________
Un

MAILING ADDRESS: 600 Travis St., Suite 7300, Houston, TX 77002 ________________________________________________
PHONE NUMBER: 713 _____ 223-5393 ________________ FAX NUMBER: 713 _____ 223-5909_________________
area code phone number area code fax number

EMAIL ADDRESS: ledelacruz@txattorneys.com _________________________________________________________________

Page 1 of 2
S:\FormsLib\Civil Bureau\Civ Fam Intake & Customer Svc\Civintake\Civil Process Request Form Rev. 5/7/10