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Homeowner Alleges Neighbor's Negligence Caused Property Damage

SOUTHEAST TEXAS RECORD

Thursday, January 9, 2025

Homeowner Alleges Neighbor's Negligence Caused Property Damage

State Court
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District Courts of Harris County | Official website

A Harris County resident has filed a lawsuit against his neighbor and associated parties for negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act. On December 23, 2024, Stephen Adams lodged a complaint in the District Court of Harris County against White Oak Owners Association, Midtown Management Corporation, and William Hayes. The plaintiff claims ongoing damages to his property due to water intrusion from Hayes' unit.

According to the petition filed by Stephen Adams, he has experienced significant personal and property damage as a result of his neighbor William Hayes' alleged negligence. The complaint states that Hayes' unit has been the source of persistent water leaks since 2023, leading to mold exposure and further damage to Adams' home. Adams accuses the White Oak Owners Association and Midtown Management Corporation of failing to enforce necessary maintenance regulations and repair common areas as required by their governing documents. "The HOA and Management Company owed a duty to Mr. Adams," the complaint reads, highlighting their failure to act prudently under similar circumstances.

Adams is seeking monetary relief ranging from $250,000 up to $1 million for various damages including personal injury, mental anguish, diminished property value, and more. He alleges that the defendants breached several duties such as maintaining common areas according to Texas Building Codes and performing contractual obligations with care. Furthermore, Adams claims that these failures constitute deceptive trade practices under Texas law by misrepresenting services provided and failing to disclose critical information during transactions.

The lawsuit not only demands compensation for damages but also seeks punitive damages under the Texas Deceptive Trade Practices-Consumer Protection Act. Additionally, Adams requests attorney's fees through trial proceedings and any potential appeals. His legal representation is being handled by Thomas M. Fountain & Associates PLLC with attorneys Thomas M. Fountain and Joshua Selvidge advocating on his behalf.

This case is presided over in Harris County District Court under Case ID 2024-88691 with Judge Wanda Chambers overseeing proceedings.

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