9/11/2018 4:15 PM

Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-18-003866 D-1-GN-18-003866
Nancy Ramirez

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PHILLIP MIRANDA, INDIVIDUALLY § IN THE DISTRICT COURT OF

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AND AS REPRESENTATIVE OF §

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THE ESTATE OF JAMES §
MIRANDA, DECEASED, §

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Plaintiff, §

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v. § TRAVIS COUNTY, TEXAS
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SAN MARCOS GREEN §
INVESTORS, LLC, ELEVATE §

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MULTIFAMILY, LLC, AND §

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DEBORAH JONES §
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Defendants. § 345th JUDICIAL DISTRICT

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Plaintiffs’ Fourth Amended Petition
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PHILLIP MIRANDA, individually and as representative of the Estate of JAMES
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MIRANDA, BENJAMIN MUNOZ, ABRIL CARDENAS, CHRISTINA MARTINEZ,

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PABLO TORRES, MICHELLE TREVINO, SEAN KINDER, ASHLEY GUTIERREZ,

BETH CONBOY, CIARA COLLETT, and ADRIANA RODRIGUEZ (collectively referred

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to as “Plaintiffs”) file this petition against SAN MARCOS GREEN INVESTORS, LLC,
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ELEVATE MULTIFAMILY, LLC, DEBORAH JONES and THOMAS STEUBING, JR.

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(collectively referred to as “Defendants”) and would show the Court the following:
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I.
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Discovery Level
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1. Discovery in this matter may be conducted under Level 2 of the Texas Rules of
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Civil Procedure.
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 II.

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Jurisdiction and Venue

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2. The claims asserted arise under the common law of Texas.

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3. The District Courts of Travis County, Texas have jurisdiction over this case.

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The amount in controversy exceeds the minimal jurisdictional limits of this Court, and the

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exercise of the Court’s jurisdiction over the Defendants is proper.

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4. Venue is proper because one or more Defendants reside in Travis County or

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maintain a principal office in Travis County.

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III.

Parties
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5. Plaintiff, Phillip Miranda is an Arkansas resident, the father of James Miranda,
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and the representative of his estate. He is a Plaintiff in his own capacity and also as a
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representative of James Miranda’s estate.

6. Plaintiff, Benjamin Munoz is a Texas resident.

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7. Plaintiff, Abril Cardenas is a Texas resident.

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8. Plaintiff, Christina Martinez is a Texas resident.

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9. Plaintiff, Pablo Torres is a Texas resident.

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10. Plaintiff, Michelle Trevino is a Texas resident.

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11. Plaintiff, Sean Kinder is a Texas resident.

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12. Plaintiff, Ashley Gutierrez is a Texas resident.

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13. Plaintiff, Beth Conboy is a Texas resident.

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14. Plaintiff, Ciara Collett is a Texas resident.

15. Plaintiff, Adriana Rodriguez, is a Texas resident.

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

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company with a principal place of business in Chicago, IL. The Court may exercise personal

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jurisdiction over this Defendant because it performs a substantial amount of business in Texas.

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This Defendant’s continuous and systematic contacts with Texas justify the exercise of general

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jurisdiction. Further, this Defendant’s contacts with Texas arising out of the incident made the

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basis of this lawsuit justify specific jurisdiction. This Defendant may be served through its

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registered agent of process, Registered Agent Solutions, Inc., 1701 Directors Blvd, Suite 300,

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Austin, Texas 78744. This Defendant has made an appearance in this matter through counsel.

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17. Defendant, Elevate Multifamily, LLC, is a Texas limited liability company with

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a principal place of business in Boston, MA. The Court may exercise personal jurisdiction over
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this Defendant because it performs a substantial amount of business in Texas. This Defendant’s
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continuous and systematic contacts with Texas justify the exercise of general jurisdiction.
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Further, this Defendant’s contacts with Texas arising out of the incident made the basis of this

lawsuit justify specific jurisdiction. This Defendant may be served through its registered agent
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of process, Registered Agent Solutions, Inc., 1701 Directors Blvd, Suite 300, Austin, Texas
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78744. This Defendant has made an appearance in this matter through counsel.
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18. Defendant Deborah Jones is an individual and a Texas resident who resides in
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Travis County, Texas. This Defendant may be served through personal process at 3306
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Dolphin Drive, Apt A, Austin, TX 78704, or wherever she may be found. This Defendant has
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made an appearance in this matter through counsel.

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19. Defendant Thomas Steubing, Jr. is an individual and a Texas resident who
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resides in Comal County, Texas. This Defendant may be served through personal process at

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 481 North Central Avenue, New Braunfels, Texas 78130, or wherever he may be found. This

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Defendant has made an appearance in this matter through counsel.

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IV.

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Facts

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20. On or about July 20, 2018, Plaintiffs were residents at the Iconic Village

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Apartments in San Marcos, Texas. On that date, at around 4:30 AM, a fire broke out at the

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Iconic Village Apartments while Plaintiffs were sleeping. While the blaze spread through the

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apartment complex filling it with fire and smoke, the fire alarms in the complex failed to

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activate. Numerous witnesses have confirmed that smoke and fire alarms failed to timely

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activate during the fire, preventing the residents, including Plaintiffs, from being warned about
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the approaching flames. Furthermore, the apartment complex did not have functioning fire
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sprinkler(s) and/or suppression system(s) in place.

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21. Ultimately, the fire destroyed the apartment complex. At all material times, the

Iconic Village Apartments were owned by Defendant San Marcos Green Investors, LLC, and
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 managed by Defendant Elevate Multifamily, LLC. Defendant Deborah Jones and Defendant

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Steubing were the apartment complex managers at the time of the incident, and were

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responsible for the safety of the residents at the apartment complex. Additionally, Defendant

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Jones and Defendant Steubing were responsible for ensuring that proper maintenance,

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including but not limited to fire safety equipment check(s) and test(s), was being performed

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leading up to the underlying fire. Furthermore, Plaintiffs did not cause or start the fire at the

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Iconic Village Apartments.

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22. Upon information and belief, Defendant Jones and Defendant Steubing

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managed the Iconic Village Apartments which contained 108 units. Despite the hundreds of

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people and students living within these unites, Defendants chose never to install sprinklers in
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the complex to protect its residents in the event of a fire. Furthermore, the smoke detectors
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that had been installed on the property were not adequately maintained or inspected for
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arguably years before the fire that took place on July 20, 2018, rendering them virtually useless

to the residents during the blaze. As a result of Defendants’ failures, including Defendant
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Jones and Defendant Steubing as the managers of the complex, more than two hundred (200)
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people were displaced, multiple victims were hospitalized, and five (5) people were killed.
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23. As a result of the Defendants’ actions and inactions, multiple residents were
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trapped and killed in the apartment fire on July 20, 2018. Tragically, James Miranda was one

of the residents who was killed. He died at the age of 23.

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24. Plaintiff Christina Martinez was sleeping in her apartment at the complex when
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the fire broke out, and was jolted awake by the sound of screams. Upon realizing the apartment
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complex was on fire, she quickly worked to gather her pet, as well as wake another person
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sleeping in the complex, before escaping. As Ms. Martinez was rushing to escape the flames,
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she could hear the screams of individuals coming from apartments engulfed with flames.
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During the escape, Ms. Martinez suffered injury to her knee(s), leg(s) and other parts of her
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body. As a result of the incident, Plaintiff Martinez also suffered serious psychological, mental
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and emotional injuries

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 25. Plaintiff Pablo Torres and his girlfriend, Plaintiff Michelle Trevino, were asleep

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in his apartment when the fire broke out at the complex. Ms. Trevino woke him up when she

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heard glass breaking and smelled smoke. Mr. Torres got up to investigate, and discovered that

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the apartment was on fire. Despite the extensive amount of smoke and flames, no fire alarms

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and/or smoke detectors went off. Due to the overwhelming amount of smoke, Ms. Trevino

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began passing out. Mr. Torres had to break an apartment window in order to escape, along

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with Ms. Trevino and his dog. As a result of the incident, Plaintiffs Torres and Trevino suffered

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severe injuries, including injuries to their arms, back, and other parts of their bodies. As a result

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of the incident, Plaintiffs Torres and Trevino also suffered serious psychological, mental and

emotional injuries
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26. Plaintiffs Sean Kinder and Ashley Gutierrez were in their apartment when the
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fire began, and began hearing loud yelling and screams coming from outside their door and
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windows. Plaintiffs Kinder and Gutierrez became aware that the apartments were on fire, and

were forced to quickly evacuate, only being able to retrieve their keys and their dog. Plaintiffs
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Kinder and Gutierrez suffered serious injuries to their feet, ankles, legs and other parts of their
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bodies as a result of the fire and evacuation. Furthermore, Plaintiffs Kinder and Gutierrez have
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also suffered serious psychological, mental and emotional injuries.

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27. Plaintiffs Benjamin Munoz, Abril Cardenas and Beth Conboy were trapped by
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flames in apartments on the second floor of the complex. Considering the lack of any warning
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of the fire spreading through the complex before it was too late, Plaintiffs Munoz, Cardenas
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and Conboy were required to leap from a second story window to escape. As a result, Plaintiffs
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Munoz, Cardenas and Conboy suffered severe injuries including a broken leg, broken ankles,

a broken back, as well as injuries to other parts of their bodies. As a result of the incident,
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 Plaintiffs Munoz, Cardenas and Conboy also suffered serious psychological, mental and

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emotional injuries.

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28. Plaintiffs Ciara Collett and Adriana Rodriguez were in their apartments when

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the blaze began, and were alerted to the fire by the sounds of screaming, banging on doors,

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and windows breaking. Plaintiffs Collett and Rodriguez became aware that the apartments

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were on fire, and were forced to quickly evacuate, only being able to retrieve a few personal

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belongings. Plaintiffs Collett and Rodriguez suffered serious injuries as a result of the fire and

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evacuation, including injuries to their lungs, throats, and other parts of their bodies.

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Furthermore, Plaintiffs Collett and Rodriguez have also suffered serious psychological, mental

and emotional injuries.

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V.
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Causes of Action
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A. Negligence and Gross Negligence Against all Defendants.

29. Plaintiffs repeat and reallege each allegation contained above.

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30. Plaintiffs sustained severe and fatal injuries because of Defendants’ negligence
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and gross negligence when Defendants:

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 Failed to create, enforce and implement adequate safety protocols and

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procedures;
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 Failed to maintain a safe living environment;

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 Failed to adequately inspect and test fire alarm systems;

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 Failed to provide fire sprinkler systems;

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 Failed to adequately inspect and test fire prevention systems;

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 Failed to train its employees;

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  Failed to warn of dangerous hazards at the apartment complex;

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 Failed to supervise its employees;

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 Failed to provide adequate safety equipment;

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 Failed to warn the Plaintiffs of hidden dangers;

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 Failed to abide by applicable rules and regulations;

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 Failed to keep the premises free of known hazards; and

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 Other acts so deemed negligent and grossly negligent.

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31. As a result of Defendants’ negligence and gross negligence, Mr. James Miranda

suffered severe physical injuries that ultimately led to his death. Additionally, as a result of
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Defendants’ negligence and gross negligence, Plaintiffs suffered severe physical and
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emotional injuries. The Defendants had the above referenced duties. Defendants breached
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those duties and Defendants’ breaches were the cause in fact and the proximate cause of all
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Plaintiffs’ injuries and Mr. Miranda’s death. Furthermore, Defendants’ actions were done with
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reckless disregard to a substantial risk of severe bodily injury. As such, Plaintiffs are entitled
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to exemplary damages.
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B. Premises Liability Against all Defendants.

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32. Plaintiffs repeat and reallege each allegation contained above.

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33. Upon information and belief, Defendants owned, occupied and/or controlled the
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area where Plaintiffs were caused to suffer severe injuries, and Mr. Miranda was killed. The
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condition of the area where Plaintiffs were injured and killed posed an unreasonable risk of
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harm, and Defendants had actual knowledge or reasonably should have known of the
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 unreasonably dangerous condition. Moreover, Plaintiffs did not have actual knowledge of the

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unreasonably dangerous condition.

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34. Moreover, Plaintiffs entered Defendants’ premises with permission.

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Defendants had a duty to either warn Plaintiffs of this unreasonably dangerous condition, or

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make the unreasonably dangerous condition reasonably safe. Defendants breached this duty

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by failing to warn Plaintiffs of this known unreasonably dangerous condition, and by failing

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to make the unreasonably dangerous condition reasonably safe. Defendants’ breach

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proximately caused Plaintiffs severe injuries and death.

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VI.

Damages
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A. Damages sought by Plaintiffs Benjamin Munoz, Abril Cardenas, Christina Martinez
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Pablo Torres, Michelle Trevino, Sean Kinder, Ashley Gutierrez, Beth Conboy, Ciara
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Collett, and Adriana Rodriguez.

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35. As a direct and proximate result of the occurrence made the basis of this lawsuit,

Plaintiffs suffered severe personal injuries, bodily injury, physical impairment, disfigurement,
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loss of household services, pain, suffering, and mental anguish. Plaintiffs pray for relief and
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judgment as follows:
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 Compensatory damages against Defendants;

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 Actual damages;
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 Consequential damages;
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 Past and future Pain and suffering;

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 Exemplary damages;
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 Past and future mental anguish;

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  Past and future impairment;

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 Past and future disfigurement;

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 Interest on damages (pre and post-judgment) in accordance with the law;

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 Costs of Court;

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 Expert witness fees;

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 Costs of copies of depositions; and

 Such other and further relief as the Court may deem just and proper.

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B. Damages sought by Phillip Miranda, individually, and as Representative of the

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Estate of James Miranda.

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As a direct and proximate result of the occurrence made the basis of this lawsuit,
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Plaintiff, was caused to suffer severe personal injuries, bodily injury, pain, suffering, mental
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anguish and death. Plaintiff prays for relief and judgment as follows:
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a. Wrongful Death
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37. Plaintiff repeats and realleges each allegation contained above.

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38. As a wrongful death beneficiary, Plaintiff seeks to recover the following

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elements of damages resulting from the death of James Miranda:

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 Pecuniary loss in the past and future, including but not limited to the loss of
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care, maintenance, guidance, nurture, support, services, advice, counsel,

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inheritance, and reasonable contributions of pecuniary value;

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 Loss of companionship and society in the past and future, including but not
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limited to the loss of the positive benefits flowing from the love, comfort,
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companionship, and society that would have been received from James

Miranda, had he lived;

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  Mental anguish in the past and future, including but not limited to the emotional

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pain, torment, and suffering experienced in the past, and to be experienced in

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the future, because of the death of James Miranda; and

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 Any other forms of damages available to wrongful death beneficiaries.

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b. Survival Action.

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39. Plaintiff repeats and realleges each allegation contained above.

40. As the personal representative of the Estate of James Miranda, Phillip Miranda

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seeks to recover the following elements of wrongful death and survival damages:

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 Past and future pain and mental anguish, including the conscious physical pain

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and emotional pain, torment, and suffering experienced by James Miranda
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before his death;
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 Medical expenses; and

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 Funeral and burial expenses.

 All other damages entitled to by law.

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VII.
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Punitive Damages
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41. Plaintiffs repeat and reallege each allegation contained above.

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42. Because Defendants are guilty of gross negligence, they should have punitive
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damages assessed against them in an amount deemed appropriate by the jury.

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 VIII.

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Prayer

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43. Plaintiffs pray that this citation issue and be served upon Defendants in a form

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and manner prescribed by law, requiring that Defendants appear and answer, and that upon

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final hearing, Plaintiffs have judgment against Defendants, both jointly and severally, in a total

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sum in excess of $1,000,000.00, plus pre-judgment and post-judgment interests, all costs of

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Court, exemplary damages, and all such other and further relief, to which they may show

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themselves justly entitled.

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IX.
Jury Trial Demanded
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44. Plaintiffs hereby demand a trial by jury.
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Respectfully Submitted,
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ARNOLD & ITKIN LLP

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/s/ Kurt B. Arnold

_______________________________
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Kurt B. Arnold
SBN: 24036150
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karnold@arnolditkin.com
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J. Kyle Findley
SBN: 24076382
KFindley@arnolditkin.com
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Kala F. Sellers
SBN: 24087519
KSellers@arnolditkin.com
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Adam D. Lewis
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SBN: 24094099
ALewis@arnolditkin.com
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6009 Memorial Drive

Houston, TX 77007
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Tel: 713.222.3800
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Fax: 713.222.3850
e-service@arnolditkin.com
ATTORNEYS FOR PLAINTIFFS

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 CERTIFICATE OF SERVICE

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I hereby certify that a true and correct copy of the above and foregoing document has

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been forwarded to all counsel of record in accordance with the Texas Rules of Civil Procedure

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on this 11th day of September, 2018.

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Darrell L. Barger
Jennifer D. Akre

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Kristina Everhart

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HARTLINE, DACUS, BARGER & DREYER, LLP
1980 Post Oak Boulevard, suite 1800

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Houston, Texas 77056
Counsel for Defendants,

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San Marcos Green Investors, LLC,

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Elevate Multifamily, LLC,

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Deborah Jones, and Thomas Steubing, Jr.

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/s/ Kurt B. Arnold
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Kurt B. Arnold
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