$______ VERDICT - LANDLORD NEGLIGENCE - APARTMENT COMPLEX NEGLIGENCE - DEFENDANT APARTMENT COMPLEX ESCALATES DOMESTIC VIOLENCE SITUATION RESULTING IN PLAINTIFF BEING SHOT SEVERAL TIMES IN CHEST BY EXGIRLFRIEND - FAILURE TO PROPERLY ADDRESS PLAINTIFF'S SECURITY CONCERNS - GUNSHOT WOUNDS - SURGERY - PTSD -.THERAPY.

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FEATURED CASES

$2,459,628 VERDICT – LANDLORD NEGLIGENCE – APARTMENT COMPLEX

NEGLIGENCE – DEFENDANT APARTMENT COMPLEX ESCALATES DOMESTIC VIOLENCE

SITUATION RESULTING IN PLAINTIFF BEING SHOT SEVERAL TIMES IN CHEST BY EX-

GIRLFRIEND – FAILURE TO PROPERLY ADDRESS PLAINTIFF’S SECURITY CONCERNS –

GUNSHOT WOUNDS – SURGERY – PTSD –.THERAPY.

Harris County, TX

In this negligence case, the plaintiff maintained

that he was shot by his ex-girlfriend in an incident

that could have been avoided had the defendant

properly handled the plaintiff’s request to be let

out of a lease due to an incident of domestic

violence against the plaintiff which the plaintiff

reported to the defendant apartment complex.

The complex’s actions escalated the situation, and

the ex-girlfriend shot the plaintiff. The apartment

complex denied being liable to the plaintiff and

maintained that the actions of the ex-girlfriend

alone caused the incident and damages.

The defendant rented an apartment to the plaintiff and

his girlfriend, Caila Dilworth. Dilworth did not make a suffi-

cient salary to qualify for the apartment by herself. On

September 22, 2019, the plaintiff and Dilworth had an

argument, which lead to a physical alteration wherein

Dilworth put hands on the plaintiff causing him injury. The

plaintiff incurred obvious bruising on his face and arm.

This instance of violence prompted the plaintiff to go to

the defendant’s leasing office on September 25, 2019,

to seek to get away from the situation and be let off the

lease.

On September 25, 2019, the plaintiff went into the

Veridian leasing office to inform management that a

physical altercation had occurred between him and

Dilworth. At that time, the plaintiff presented Veridian

management with a police report regarding the physi-

cal altercation. The plaintiff asked to be let out of the

leaseandfortheconversationtobekeptprivate.De

-

spite being asked to keep the request to vacate confi-

dential, the defendant then immediately called Dilworth

to get her input on the situation, alerting her to the plain-

tiff wanting to move out and further escalating the

situation.

Rather than let the plaintiff out of the lease as per its own

policy regarding zero tolerance for violence, the defen-

dant refused the plaintiff’s reasonable request thereby

exposing him to certain future violent attacks. On Sep-

tember 25, 2019, Dilworth shot the plaintiff multiple times

in the chest almost killing him.

The plaintiff maintained that the defendant apartment

complex failed to take the plaintiff off the lease, failed to

properly address the plaintiff’s security concerns, disre-

garded the plaintiff’s safety in exchange for continued

rental income, and showed extreme recklessness in

spite of a substantial risk to human life. The plaintiff’ was

shot twice in the chest and underwent surgery. He suffers

from PTSD and will likely need therapy for the remainder

of his life.

The defendant apartment complex motioned the court

for summary judgment arguing that the plaintiff had al-

ready moved out of the apartment, and he voluntarily

returned to the apartment in the middle of the night to

retrieve his belongings, without any notice to the police

or the apartment complex, where Dilworth then shot

him. There is no act or omission on the part of The

Veridian that could have caused the harm the plaintiff

sustained. The Court granted the defendant’s motion

and summary judgment was entered for the defendant.

The plaintiff also motioned the Court for summary judg-

ment arguing that Dilworth made offensive physical

contact with the plaintiff by shooting him with a gun. The

plaintiff suffered subsequent hospitalization and surgery

as a result. The elements of battery are met and the

Court should enter summary judgment on liability

against Dilworth. Dilworth represented herself at trial.

The Court granted the plaintiff’s motion and assessed

damages for the plaintiff in the amount of

$2,459,628.27.

REFERENCE

Jamie Thompson vs. The Veridian at Bellevue, L.P. and

Caila Dilworth. Case no. 202013071; Judge Lauren

Reeder, 06-06-22.

Attorney for plaintiff: Matthew Paul Skrabanek of

Pierce Skrabanek, PLLC in Houston, TX. Attorney for

defendant: George P. Pappas of Sheehy, Ware &

Pappas, P.C. in Houston, TX.

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