An amendment to the original petition filed against the owners of the apartments that were destroyed in the Dec. 26 tornado, as well as the security company, a contractor and other defendants was filed Friday, Feb. 26.
Justin P. Nichols, the plaintiffs’ attorney, said that when the original petition was filed, there were three plaintiffs and the amended petition names more than 20.
Other reasons for the amendment are that some of the defendants who were named as Jane Does and John Does have now been identified. Additionally, the amendment corrects that the First Response Security named in the original petition was the wrong one of two businesses with that name.
Defendants named in the petition are: Landmark Lakeway Colony, LP dba Landmark at Lake Village West; Landmark Lakeway Colony Manager, LLC; Landmark at Lakeway West, LLC; Landmark Apartment Trust, Inc.; Belfor USA Group, Inc.; First Response Emergency Services, Inc.; Rebecca Swift; Kristen Quintero; and John Does (individuals whose exact identity are not yet known but will determined through discovery).
The petition alleges that after the Dec. 26 tornado hit Landmark at Lake Village West, an apartment complex at 1044 I-30 Frontage Road in Garland, plaintiffs and other residents were restricted access to their apartments in order to salvage what they could of their belongings.
The petition further states that Landmark hired Belfor to oversee demolition and cleanup at the complex and build a fence around the property and that they hired First Response Security to keep people out. This includes plaintiffs and other residents.
The city of Garland declared the buildings uninhabitable, but this declaration did not prevent plaintiffs’ and other residents’ entrance to the property. The property was cleared for entry Dec. 28.
However, plaintiffs and other residents continued to be refused entry. During that time, though, defendants were allowed in.
According to the petition, “defendants, their employees, agents, contractors and/or others (identified herein as ‘John Doe(s)’) began looting the residents’ damaged homes – taking electronics, credit cards, jewelry, cash and other valuables.”
According to Nichols, a firearm was also taken as well as a PlayStation that someone in another area of Dallas tried recently to log onto.
Defendant Kristin Quintero was quoted as saying that “no one will ever get their property back.”
Quintero also led plaintiffs to believe that the actions of Landmark and Belfor and First Response were sanctioned by the city of Garland, which was not the case.
On Jan. 8, the Garland Police Department stated that residents would not be arrested for going back to their units and that they could no longer be prevented to do so.
What the residents found upon their entrance was that their homes had been looted.
Additionally, the plaintiffs were laughed at and videoed and told they were not safe, which according to the petition caused even more “turmoil and trauma.”
Landmark and Belfor have indicated that they intend to begin demolition of the complex but are uncertain of the date.
The petition alleges that the “intent to demolish the apartment is little more than a thinly veiled attempt to cover up what’s happened, and expedite receipt of defendants’ insurance proceeds – all at the expense of plaintiffs and the other residents.”
Plaintiffs are suing for actual damage; past and future pain and suffering; past and future mental anguish; loss of use; nominal damages; statutory damages; exemplary damages; and all attorney’s fees allowed and authorized by law.
Nichols also stated that First Response was negligently hired because they are not a licensed security company.
According to Nichols, about half the tenants were insured. He added, however that some of those were insured by the “preferred insurer of the apartment owners” and they were encouraged to settle for $1,000 at a time when they were desperate for money for necessities like food and clothing for their children.
Landmark has hired Joel Sharp of the firm Hunton & Williams, LLP as its representative. Eddy De Los Santos at Baker & Donelson in Houston represents Belfor. According to legal documents filed, Rebecca Swift is also represented by Joel Sharp. It’s unclear if First Response Security is represented.
Documents filed in response to the residents’ petition state that Landmark Lakeway Colony, LPs and Landmark Lakeway Colony Manager, LLC are “not liable in the capacity in which they are sued.”
Documents filed on behalf of Rebecca Swift indicate that “Defendant asserts that the damages sought in the petition, if any, which defendant denies were not caused by the defendant, but were the direct and proximate result of conduct of third parties or were directly and proximately caused by other responsible parties.
Belfor USA Group also denies responsibility according to filed legal documents. The document reads, “…Belfor would show that no acts, omissions, negligence or other conduct of Belfor and/or any of its agents or employees were a proximate, producing or sole cause of the occurrence in question, as well as the damages complained of herein.”