Homeowners say cable tower crushed home during hurricane, sue for repairs

John Suayan, Galveston Bureau May 16, 2011, 8:18am

GALVESTON � Crystal Beach residents Michael and Linda Kujawa are suing Arkloaktex LLC, its predecessor and its manager for more than $125,000 after their cable tower reportedly fell over on top of their residence.

A lawsuit filed May 6 in Galveston County District Court alleges the defendants refused to shoulder the repair costs for the plaintiffs' home, which the tower destroyed during the height of Hurricane Ike in early September 2008.

Linda Kujawa is acting as agent and attorney in fact for Michael Kujawa.

According to the Kujawas, the tower � which is part of the Crystal Beach System � inflicted damage to the roof, interior and other exterior. A claim was filed after the Category 2 storm as well as a request for repairs.

The original petition states that the request had been wrongfully denied and ignored.

"Ms. Kujawa has been unable to have the repairs conducted to the home since its destruction," it says.

The Kujawas further explain that Thomas Semptimphelter, the president of Arkloaktex's predecessor Rapid Communications LLC, sold Rapid to Arkloaktex less than three months after Ike and after the tower claim was made.

"Semptimphelter used Arkloaktex and/or Rapid to defeat Ms. Kujawa's claim and to fraudulently transfer assets," the suit says.

"The significant effect of the defendants' wrongful and justified delays, and negligent acts however, is still uncompensated."

In addition to the specified monetary damages, a jury trial is requested.

Doyle Raizner LLP and Bertini & Associates P.C. are representing the plaintiffs.

Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 11-cv-0751

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