Beruflich Dokumente
Kultur Dokumente
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-18-003866 D-1-GN-18-003866
Nancy Ramirez
to as “Plaintiffs”) file this petition against SAN MARCOS GREEN INVESTORS, LLC,
(collectively referred to as “Defendants”) and would show the Court the following:
I.
Discovery Level
1. Discovery in this matter may be conducted under Level 2 of the Texas Rules of
Civil Procedure.
II.
3. The District Courts of Travis County, Texas have jurisdiction over this case.
The amount in controversy exceeds the minimal jurisdictional limits of this Court, and the
III.
Parties
and the representative of his estate. He is a Plaintiff in his own capacity and also as a
company with a principal place of business in Chicago, IL. The Court may exercise personal
jurisdiction over this Defendant because it performs a substantial amount of business in Texas.
This Defendant’s continuous and systematic contacts with Texas justify the exercise of general
jurisdiction. 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 of process, Registered Agent Solutions, Inc., 1701 Directors Blvd, Suite 300,
Austin, Texas 78744. This Defendant has made an appearance in this matter through counsel.
17. Defendant, Elevate Multifamily, LLC, is a Texas limited liability company with
a principal place of business in Boston, MA. The Court may exercise personal jurisdiction over
this Defendant because it performs a substantial amount of business in Texas. This Defendant’s
continuous and systematic contacts with Texas justify the exercise of general jurisdiction.
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
of process, Registered Agent Solutions, Inc., 1701 Directors Blvd, Suite 300, Austin, Texas
78744. This Defendant has made an appearance in this matter through counsel.
18. Defendant Deborah Jones is an individual and a Texas resident who resides in
Travis County, Texas. This Defendant may be served through personal process at 3306
Dolphin Drive, Apt A, Austin, TX 78704, or wherever she may be found. This Defendant has
19. Defendant Thomas Steubing, Jr. is an individual and a Texas resident who
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
IV.
Facts
20. On or about July 20, 2018, Plaintiffs were residents at the Iconic Village
Apartments in San Marcos, Texas. On that date, at around 4:30 AM, a fire broke out at the
Iconic Village Apartments while Plaintiffs were sleeping. While the blaze spread through the
apartment complex filling it with fire and smoke, the fire alarms in the complex failed to
activate. Numerous witnesses have confirmed that smoke and fire alarms failed to timely
activate during the fire, preventing the residents, including Plaintiffs, from being warned about
the approaching flames. Furthermore, the apartment complex did not have functioning fire
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
Steubing were the apartment complex managers at the time of the incident, and were
responsible for the safety of the residents at the apartment complex. Additionally, Defendant
Jones and Defendant Steubing were responsible for ensuring that proper maintenance,
including but not limited to fire safety equipment check(s) and test(s), was being performed
leading up to the underlying fire. Furthermore, Plaintiffs did not cause or start the fire at the
22. Upon information and belief, Defendant Jones and Defendant Steubing
managed the Iconic Village Apartments which contained 108 units. Despite the hundreds of
people and students living within these unites, Defendants chose never to install sprinklers in
the complex to protect its residents in the event of a fire. Furthermore, the smoke detectors
that had been installed on the property were not adequately maintained or inspected for
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
Jones and Defendant Steubing as the managers of the complex, more than two hundred (200)
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
trapped and killed in the apartment fire on July 20, 2018. Tragically, James Miranda was one
24. Plaintiff Christina Martinez was sleeping in her apartment at the complex when
the fire broke out, and was jolted awake by the sound of screams. Upon realizing the apartment
complex was on fire, she quickly worked to gather her pet, as well as wake another person
sleeping in the complex, before escaping. As Ms. Martinez was rushing to escape the flames,
she could hear the screams of individuals coming from apartments engulfed with flames.
During the escape, Ms. Martinez suffered injury to her knee(s), leg(s) and other parts of her
body. As a result of the incident, Plaintiff Martinez also suffered serious psychological, mental
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25. Plaintiff Pablo Torres and his girlfriend, Plaintiff Michelle Trevino, were asleep
in his apartment when the fire broke out at the complex. Ms. Trevino woke him up when she
heard glass breaking and smelled smoke. Mr. Torres got up to investigate, and discovered that
the apartment was on fire. Despite the extensive amount of smoke and flames, no fire alarms
and/or smoke detectors went off. Due to the overwhelming amount of smoke, Ms. Trevino
began passing out. Mr. Torres had to break an apartment window in order to escape, along
with Ms. Trevino and his dog. As a result of the incident, Plaintiffs Torres and Trevino suffered
severe injuries, including injuries to their arms, back, and other parts of their bodies. As a result
of the incident, Plaintiffs Torres and Trevino also suffered serious psychological, mental and
emotional injuries
26. Plaintiffs Sean Kinder and Ashley Gutierrez were in their apartment when the
fire began, and began hearing loud yelling and screams coming from outside their door and
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
Kinder and Gutierrez suffered serious injuries to their feet, ankles, legs and other parts of their
bodies as a result of the fire and evacuation. Furthermore, Plaintiffs Kinder and Gutierrez have
27. Plaintiffs Benjamin Munoz, Abril Cardenas and Beth Conboy were trapped by
flames in apartments on the second floor of the complex. Considering the lack of any warning
of the fire spreading through the complex before it was too late, Plaintiffs Munoz, Cardenas
and Conboy were required to leap from a second story window to escape. As a result, Plaintiffs
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
emotional injuries.
28. Plaintiffs Ciara Collett and Adriana Rodriguez were in their apartments when
the blaze began, and were alerted to the fire by the sounds of screaming, banging on doors,
and windows breaking. Plaintiffs Collett and Rodriguez became aware that the apartments
were on fire, and were forced to quickly evacuate, only being able to retrieve a few personal
belongings. Plaintiffs Collett and Rodriguez suffered serious injuries as a result of the fire and
evacuation, including injuries to their lungs, throats, and other parts of their bodies.
Furthermore, Plaintiffs Collett and Rodriguez have also suffered serious psychological, mental
V.
Causes of Action
30. Plaintiffs sustained severe and fatal injuries because of Defendants’ negligence
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Failed to warn of dangerous hazards at the apartment complex;
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
Defendants’ negligence and gross negligence, Plaintiffs suffered severe physical and
emotional injuries. The Defendants had the above referenced duties. Defendants breached
those duties and Defendants’ breaches were the cause in fact and the proximate cause of all
Plaintiffs’ injuries and Mr. Miranda’s death. Furthermore, Defendants’ actions were done with
reckless disregard to a substantial risk of severe bodily injury. As such, Plaintiffs are entitled
to exemplary damages.
33. Upon information and belief, Defendants owned, occupied and/or controlled the
area where Plaintiffs were caused to suffer severe injuries, and Mr. Miranda was killed. The
condition of the area where Plaintiffs were injured and killed posed an unreasonable risk of
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
Defendants had a duty to either warn Plaintiffs of this unreasonably dangerous condition, or
make the unreasonably dangerous condition reasonably safe. Defendants breached this duty
by failing to warn Plaintiffs of this known unreasonably dangerous condition, and by failing
VI.
Damages
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,
loss of household services, pain, suffering, and mental anguish. Plaintiffs pray for relief and
judgment as follows:
Actual damages;
Consequential damages;
Exemplary damages;
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Past and future impairment;
Costs of Court;
Such other and further relief as the Court may deem just and proper.
36. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff, was caused to suffer severe personal injuries, bodily injury, pain, suffering, mental
anguish and death. Plaintiff prays for relief and judgment as follows:
a. Wrongful Death
Pecuniary loss in the past and future, including but not limited to the loss of
Loss of companionship and society in the past and future, including but not
limited to the loss of the positive benefits flowing from the love, comfort,
companionship, and society that would have been received from James
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Mental anguish in the past and future, including but not limited to the emotional
b. Survival Action.
40. As the personal representative of the Estate of James Miranda, Phillip Miranda
seeks to recover the following elements of wrongful death and survival damages:
Past and future pain and mental anguish, including the conscious physical pain
VII.
Punitive Damages
42. Because Defendants are guilty of gross negligence, they should have punitive
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VIII.
Prayer
43. Plaintiffs pray that this citation issue and be served upon Defendants in a form
and manner prescribed by law, requiring that Defendants appear and answer, and that upon
final hearing, Plaintiffs have judgment against Defendants, both jointly and severally, in a total
sum in excess of $1,000,000.00, plus pre-judgment and post-judgment interests, all costs of
Court, exemplary damages, and all such other and further relief, to which they may show
IX.
Jury Trial Demanded
Respectfully Submitted,
ARNOLD & ITKIN LLP
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been forwarded to all counsel of record in accordance with the Texas Rules of Civil Procedure
on this 11th day of September, 2018.
Darrell L. Barger
Jennifer D. Akre
Kristina Everhart
HARTLINE, DACUS, BARGER & DREYER, LLP
1980 Post Oak Boulevard, suite 1800
Houston, Texas 77056
Counsel for Defendants,
San Marcos Green Investors, LLC,
Elevate Multifamily, LLC,
Deborah Jones, and Thomas Steubing, Jr.
Kurt B. Arnold
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