A recent court filing reveals a dramatic incident involving a collapsed ceiling that has led to serious injuries and significant legal action. On September 5, 2024, plaintiff Kahlea Dunson filed a complaint in the District Court of Harris County, Texas against Zita Investments, LLC.
According to the petition, on January 12, 2024, Kahlea Dunson was at her place of employment, Exceptional Care located at 8101 Airport Boulevard Suite F in Houston when the ceiling collapsed. The building where this incident occurred is owned by Zita Investments, LLC. The plaintiff alleges that the defendant failed to provide any warnings or take necessary precautions to prevent such an accident. "Defendant knew or should have known of the dangerous condition of the ceiling on their Premises," states the complaint. Despite this knowledge, Zita Investments allegedly disregarded safety measures and failed to repair the hazardous condition.
The lawsuit claims that due to this negligence, Dunson suffered severe bodily injuries and significant losses. The plaintiff asserts that Zita Investments breached its duty of ordinary care by failing to inspect and repair dangerous conditions on the premises and not providing adequate warnings about potential hazards. Specific accusations include failing to maintain a safe environment, neglecting proper safety protocols for inspecting and fixing dangerous conditions, and creating a hazardous situation.
Dunson's petition seeks monetary relief exceeding $1 million for damages including medical expenses (both past and future), physical pain and suffering, mental anguish, physical impairment, disfigurement, lost wages and earning capacity, as well as exemplary damages for gross negligence. "When viewed objectively from the standpoint of the Defendant at the time of their occurrence," reads the petition, "Defendant’s conduct involved an extreme degree of risk."
The case also invokes res ipsa loquitur—a legal doctrine suggesting that the nature of an accident implies negligence—arguing that such an incident would not normally occur without negligent acts or omissions by Zita Investments. Furthermore, Dunson holds Zita Investments vicariously liable for its employees' actions under respondeat superior doctrine since they were acting within their employment scope during the incident.
Representing Kahlea Dunson are attorneys Kelly M. Viktorin and Scott P. Armstrong from Armstrong Lee & Baker LLP. The case is presided over by Judge Marilyn Burgess in Harris County District Court under Case ID: 2024-59531.