Habash loses haberdashery over leaky roof

David Yates Jul. 5, 2007, 11:31am

Issa Habash lost most of his clothing inventory when Hurricane Rita's waters leaked through his garments shop's porous roof, a condition he claims he asked his landlord to remedy before the disastrous storm arrived.

Since that time, Habash says his former landlord, Foxworth Real Estate Co. and its owners/agents Louis Feil and Charles Foxworth, have ignored "his pleas for help," forcing the clothier to relocate his business.

Seeking compensation for his mental anguish, Habash filed a breach of contract lawsuit against Foxworth Real Estate and its agents with the Jefferson County District Court on July 2.

According to the plaintiff's original petition, Habash had rented property from the defendants at 4150 East Lucas Drive. "At the outset of the rental relationship, plaintiff notified defendants that the roof of the rental property was in need of repair and maintenance."

The suit goes on to say that the defendants negligently failed to perform proper maintenance to the roof. And when Hurricane Rita hit, "the roof leaked profusely during and after the storm."

"The water that entered the building caused a substantial amount of damage to plaintiff's inventory," the suit said. "Following the hurricane, plaintiff (repeatedly told the defendants about the damage, (but they) chose to ignore his pleas for help. As such, plaintiff was required to obtain a new rental property in which to run his clothier."

The suit alleges that the defendants are guilty of breach of contract, negligence, fraud, misrepresentation and violating the Texas Deceptive Trade Practices Act.

Habash is suing for mental anguish, actual and consequential damages and all court costs.

He is demanding a trial by jury and is represented by attorney Dax O. Faubus of the Faubus & Taft law firm.

Judge Milton Shuffield, 136th Judicial District, will preside over the case.

Case No. D179-596

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