Home owners file suit over damage from trash dumpster

John Suayan, Galveston Bureau Sep. 6, 2010, 8:38am

GALVESTON � An El Paso attorney has filed suit on behalf of his family against Alta Vista Development and Peninsula Sanitation after their Galveston home sustained damage from a garbage dumpster two years ago.

According to court papers filed by Walter Boyaki in Galveston County District Court on Aug. 30, the defendants reportedly left the dumpster in question unsecured and fully loaded thus allowed it to access the plaintiff's property on Sept 12, 2008.

The dumpster, which is owned by Peninsula Sanitation, was used by Alta Vista, which was building a house not far from the plaintiff's.

Hurricane Ike made landfall in the area the next day and exacerbated the alleged damage, the suit claims.

Boyaki estimates about $25,000 in damage was inflicted and argues that he and his family had to make repairs to the residence to make it habitable.

"The defendants made no effort to assist in the repair of the plaintiffs' house other than removing their dumpsters," the suit says.

Consequently, Boyaki seeks unspecified monetary damages and a jury trial.

He is representing himself and his family.

The case has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 10-cv-2482

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