Man sues landlord after bathroom cabinet falls on his head

John Suayan, Galveston Bureau Apr. 9, 2012, 10:52am

GALVESTON - Texas City resident Jose Jaime-Delgado complains that he was injured in the bathroom of his apartment and blames the incident on his landlord.

A lawsuit filed April 3 in Galveston County District Court claims Dimos Vervitas, doing business as Velami Apartments, failed to make repairs to the plaintiff's unit after Hurricane Ike, resulting in a large cabinet originally affixed to the bathroom wall to fall on the complainant on Jan. 5, 2011.

Jaime-Delgado, his wife and children lived at the defendant's apartments since August 2008, having been guaranteed their apartment was suitable for human habitation, the original petition says. The subject property, however, reportedly sustained storm damages during Ike's landfall on Sept. 13, 2008.

According to the complainant, water leaked into the unit and he was repeatedly prompted to make requests for repairs or a move into another apartment.

Jaime-Delgado says the cabinet struck his head, neck and upper back, adding he needed medical care as well as surgery.

The suit insists "the defendant had actual awareness that water was leaking into the plaintiff's unit yet failed to prevent the leaking of water."

Consequently, the complainant seeks unspecified monetary damages.

Attorney Carlos Garza of Texas City is representing Jaime-Delgado, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 12-cv-849

More News