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SOUTHEAST TEXAS RECORD

Tuesday, September 17, 2024

Plaintiff sues construction company for negligence causing severe property damage

State Court
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A Harris County resident is seeking justice after a construction mishap severely damaged his property. Miguel Miranda filed a complaint against Rosenberger Construction, LLC in the District Court of Harris County, Texas on August 8, 2024.

According to the complaint, the incident occurred on May 16, 2024, when materials left unsecured by Rosenberger Construction at a nearby project site were blown into Miranda's property during a storm. The debris caused extensive damage to his home, particularly to his son's room where it crashed through the roof and led to further water damage. Miranda alleges that Rosenberger Construction's negligence in securing their materials directly resulted in this destruction.

Miranda's lawsuit outlines several accusations against Rosenberger Construction. He claims that the company failed to properly secure, maintain, inspect, service, and control their project site and materials. This negligence allegedly created a foreseeable risk of harm that the company did not mitigate. "Defendant owed Plaintiff a duty to exercise reasonable care to avoid a foreseeable risk of damage," states the complaint. Furthermore, Miranda accuses Rosenberger Construction of gross negligence for showing "conscious indifference" to the safety and welfare of others despite being aware of the risks involved.

The plaintiff is seeking monetary relief under $250,000 for various damages including past property damage, consequential and incidental damages, and other economic losses both past and future. Additionally, Miranda is asking for exemplary damages under Section 41.003(a) of the Texas Civil Practice & Remedies Code due to what he describes as grossly negligent behavior by Rosenberger Construction.

The case has been assigned Case ID 2024-51117 and will be presided over by Judge Nelson Cuero in the 234th Judicial District Court of Harris County. Representing Miguel Miranda are attorneys Juan A. Solis, Austen T.Gunnels, and Gregory J. Finney from the Law Offices of Manuel Solis.

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