A shocking incident at a Houston apartment complex has led to a lawsuit that could have significant repercussions for property management practices. On August 22, 2024, Vera Gamboa filed a complaint in the Harris County District Court against AK Ventures, Ltd., doing business as Ashford Willow Falls, and HK Capital Management, L.P., doing business as Ashford Communities.
According to the court documents, on September 5, 2023, Vera Gamboa was standing outside her second-floor apartment at the Ashford Willow Falls complex when the guardrail she was leaning on suddenly detached from the wall. This unexpected failure caused her to fall from the second floor to the ground below. The plaintiff alleges that both defendants were aware or should have been aware of the unsafe condition of the guardrail but failed to take any remedial action or provide adequate warnings to residents.
The lawsuit details severe injuries sustained by Gamboa due to this incident, including an open distal tibial fracture in her left ankle, a dislocated tibiotalar joint, an oblique fracture of distal fibular diaphysis, lacerations, and contusions. "Defendants knew or should have known about the unsafe condition of the guardrail," states the complaint. Yet they "failed to place any warnings, barricades, or spotters" and did not inform residents about it.
Gamboa's complaint accuses AK Ventures and HK Capital Management of multiple counts of negligence. These include failing to inspect and maintain safe conditions on their premises adequately; failing to remove or mitigate dangerous conditions like the faulty guardrail; failing to warn residents adequately; and failing to implement proper safety protocols for inspecting and reporting hazardous conditions. The plaintiff argues that these failures directly led to her injuries.
The plaintiff is seeking monetary relief exceeding $1 million for actual damages, past and future lost wages, lost earning capacity, medical expenses (both past and future), pain and suffering (both past and future), mental anguish (both past and future), impairment (both past and future), disfigurement (both past and future), attorney’s fees and expenses, punitive damages, pre-judgment interest, post-judgment interest, court costs, and any other relief deemed just by the court.
Representing Vera Gamboa are attorneys Brit Mitchell, Niles Sneed, and Emily Faber Vechan from Sneed|Mitchell LLP. The case is being heard in Harris County District Court under Case ID: 2024-55771 with Judge Adiliani Solis presiding.