Tenant blames upstairs neighbors for water damage

John Suayan, Galveston Bureau Oct. 25, 2011, 7:15am

GALVESTON - Stephanie Schonherz is suing William P. Spragg and Connie L. Newcomb over a water leak at her Galveston condominium.

The leak in the defendants' unit created flooding in Schonherz's below, according to a lawsuit filed Oct. 14 in Galveston County District Court.

The suit points out that a line to a toilet broke during Spragg and Newcomb's absence and unleashed water everywhere.

"At the time of the water leak, the defendants were not present at their property as the property was a 'part-time' residence," the original petition states.

Schonherz asserts the defendants knew before leaving their unit that the line was prone to failure and says that other units in the building had the same problem.

"Despite this knowledge, the defendants failed to turn the water off to the commode before they left," the suit says.

"Had the water been turned off, the water loss would not have taken place, or would have take place at a time when they were present which would have minimized the amount of damage."

The complaint ultimately blames the respondents for not properly repairing or replacing the line as well as not warning Schonherz.

The plaintiff consequently seeks unspecified monetary damages and a jury trial.

She is represented by attorney Frank J. Webb of Dallas.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1608

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