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SOUTHEAST TEXAS RECORD

Monday, July 1, 2024

Homeowner Sues HOA Over Negligence Leading to Serious Injuries

State Court
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A man is suing a homeowners' association after suffering serious injuries from a fall at a park they maintain. George Fletcher Jr. filed the complaint in Harris County District Court on June 12, 2024, against Imperial Oaks Homeowners’ Association, Inc.

According to the lawsuit, Fletcher was visiting Imperial Oaks Park on April 25, 2023, when he tripped over a garden hose that had been carelessly left obstructing an exit. The plaintiff claims that the defendants failed to ensure the premises were safe and free of hazards. "The fall was proximately caused by a dangerous condition on the premises which Defendants' agents, servants, and employees knew of or should have known existed," states the complaint.

Fletcher alleges multiple acts of negligence by the defendants including failure to inspect the premises properly, failure to discover and rectify the dangerous condition created by the garden hose, and failure to warn patrons about potential hazards. He contends that these failures directly resulted in his injuries. "Each of the foregoing acts of negligence was a proximate cause of Plaintiff’s resulting injuries and damages," reads another section of the complaint.

The plaintiff is seeking compensatory damages for physical pain, mental anguish, medical expenses incurred due to his injuries, physical impairment, and disfigurement. He also seeks exemplary damages for what he describes as gross negligence on part of the defendants. "Defendant was grossly negligent in that it wantonly and recklessly disregarded the safety of Plaintiff," Fletcher asserts.

Fletcher's legal team includes Bobby Garcia from Law Office of Bobby Garcia P.C., along with Arturo “AJ” Garcia and Rick A. Eckerson. The case has been assigned Case ID 2024-37167 in Harris County District Court under Judge Marilyn Burgess.

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