HOUSTON – Because an apartment complex allegedly failed to maintain its security gate, a tenant was physically attacked and burglarized, a recently filed lawsuit claims.

Seeking more than $1 million in damages, Mario French and Maria Salas filed suit against Rama Indigo Fallas, doing business as Cabo San Lucas II Apartments, on June 5 in Harris County District Court.

According to the lawsuit, on Nov. 27, 2016, French was returning to his apartment after shopping at a nearby store when he was jumped from behind and beaten with a stick or metal pipe. He was then burglarized.

At the time, the security gate giving access to the Cabo San Apartments was broken and lighting in the common areas was malfunctioning, creating a dark area that was easily accessible to outsiders, the suit states.

“But for this broken gate and gross breach of security, the assailant would not have been able to gain access to the premises. Plaintiffs selected this apartment complex, in part, because of its gated security,” the suit states.

“In the Cabo San Lucas II Apartments complex and its immediate surrounding area, a high number of homicides, robberies, rapes, burglaries and assaults occur with an astonishingly high degree of frequency on an ongoing basis. Said criminal activity is highly publicized in the local media and is of the type similar to that which was perpetuated against (French).

“This should have put Defendant on notice that strong security measures needed to be in place.”

The plaintiffs are represented by Houston attorneys Chevo and Ginna Pastrano of The Pastrano Law Firm, along with attorneys from the Corpus Christi law firm Hilliard Munoz Gonzales, which include Christopher Pinedo, Robert Hilliard and Catherine Tobin.

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