A Galveston County woman has brought charges against a property management company, its manager and a tenant, alleging property negligence in a motor vehicle accident that injured her son in December 2013.

Robin Miller filed suit Jan. 21 in the 122nd District Court, Galveston Division of the Southern District of Texas, against Scenic Tropical Garden 1, LLC, of Kemah, Alan Wheat of Bacliff, landlord and property manager and Stacy Heitman, of League City -- all of Galveston County -- alleging that her child, Dakota West, was harmed as a result of property negligence.

Heitman, a tenant at Tropical Garden, located at 1198 24th St., San Leon, owned a dog. While Dakota West was a passenger in a vehicle driven on 24th St. on Dec. 19, 2013, the dog ran into the roadway, causing the driver to veer away from it. Dakota West was injured in the subsequent collision.

Allegedly, damages were due to the tenant’s and the property manager’s failure to replace or repair a faulty fence, which would have prevented the dog from running free.

Miller is bringing liability and negligence charges against the defendants, claiming medical bills, physical and mental anguish and potential loss of future earning capacity. She seeks damages of over $1 million, plus compensation for attorney fees, expenses and costs.

She is represented by John Zinda, Joseph Cauto, Jonathon Clark, Burgess Williams and Dennis Postiglione, of Zinda & Davis PLLC in Austin.

U.S. District Court Southeast Texas Case GC_15CV0061


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