A recent court filing reveals a harrowing incident involving a dangerous walkway that left an individual with lifelong injuries. Sirmentia Joseph filed the complaint against Newport Asset Management Inc., doing business as W L Apartments LP West Lodge Apartments, in the District Court of Harris County, Texas, on June 14, 2024.
According to the complaint, on March 26, 2023, Sirmentia Joseph was visiting a resident at the West Lodge Apartments located at 4219 Baker Rd., Baytown, TX. While walking to the resident's apartment, she fell due to a defective concrete walkway. The plaintiff alleges that the defendant knew or should have known about the hazardous condition of the walkway but failed to take appropriate measures to ensure its safety. "Defendant failed to provide a proper and safe walkway," states the complaint, which led to Joseph suffering severe injuries and emotional distress.
The lawsuit accuses Newport Asset Management Inc. of premises liability and negligence. The plaintiff claims that the defendant's failure to maintain a safe environment constituted an unreasonable risk to guests. The complaint highlights that Joseph was an invitee to whom the defendant owed a duty of care. "The occurrence made the basis of this lawsuit and the resulting injuries were proximately caused by the negligence of the Defendant and its agents," reads one part of the petition.
Joseph further alleges that Newport Asset Management Inc.'s employees were acting within their scope of employment during this incident, making the company liable under the Doctrine of Respondeat Superior. She asserts that her injuries are permanent and have significantly impacted her health and well-being. The complaint details extensive medical bills and ongoing physical pain and mental anguish as consequences of this fall.
In terms of relief sought, Joseph is asking for monetary damages not exceeding $250,000 along with pre-judgment and post-judgment interest as allowed by law. She also demands compensation for past and future pain and suffering, mental anguish, medical expenses, physical impairment, and exemplary damages.
Representing Sirmentia Joseph are attorneys Patrisia Marquez (State Bar No. 24121579) and Jason Allen (State Bar No. 24082620) from McCormick Law Firm based in Euless, Texas. The case has been assigned Case ID 2024-37838 in front of Judge Marilyn Burgess at Harris County District Court.