Kelsi Wright and Corey Wright, et al., vs. Whitestone Crossing Austin LLC
Case Background
On November 3, 2022, Plaintiff Corey Wright and Kesli Wright filed a Premises Liability lawsuit for a toxic apartment in the 425th Judicial District Court, Williamson County, Texas State(Case number: 22-1934-C425).
Cause
In 2021, Kelsi and Corey Wright and their three minor children rented a townhome marketed as “upscale living” at Whitestone Crossing Apartments in Cedar Park, Texas. Despite being newly built in 2020, the property suffered significant water intrusion during thunderstorms, leading to widespread mold growth and pest infestations. Maintenance workers refused to address the water leaks, claiming the issue stemmed from construction defects. The Wrights later discovered toxic mold, which made their home uninhabitable and caused severe health risks.
The family faced ongoing issues, including ants crawling up the walls and biting them. Neighbors reported similar problems, but the property management failed to take corrective actions. A mold inspection company confirmed dangerously high levels of mold in the unit and recommended immediate remediation and the replacement of belongings. Despite this, the management denied the severity of the problem and declined to take meaningful action to resolve the toxic apartment conditions.
Injuries
Exposure to toxic mold caused significant health issues for the Wright family. Kelsi Wright experienced short-term memory loss and severe exhaustion, while Corey Wright suffered from sinus infections and swollen glands. One of their children developed asthma and digestive issues. The mold exposure posed long-term health risks, including organ inflammation and immune system damage. The mold-infested apartment severely impacted the family’s overall well-being.
Damages
The mold and water damage destroyed the Wrights’ belongings, forcing the family to evacuate their home. Their personal items became unusable due to extreme contamination. The family incurred substantial financial costs for mold inspections and faced emotional distress from the unsafe living conditions. Additionally, their health issues required medical attention, further compounding the financial and emotional toll.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Corey Wright | Kesli Wright | Corey Wright as next friend to M.W.,S.W and H.W
- Counsel for Plaintiff: Kristina Baehr | Jessica Yaeger | Sabine Wakim
- Defendant(s): Avesta Homes LLC Doing Business As Resprop Management | Whitestone Crossing Austin LLC
- Counsel for Defendants: James H. Miller | Brett H Payne
Key Arguments or Remarks by Counsel
Baehr said, “Kelsi and Corey Wright courageously fought for their family – and for all families. There are 23 million rental units in the United States, most owned by investments firms like the defendant that are cutting costs and cutting corners. The Wrights took a stand for the newborns taking their first breaths and the elderly taking their last. To live in a home like this – under threat from mold and pests – is terrifying and it is dangerous. We are thankful for a jury that took their role so seriously to enforce the safety rules in our community. We hope this verdict sends a message to corporate owners that they cannot knowingly put residents at risk. Mold is deadly. The law is clear: Every family has the right to safe air at home.”
Claims
The Wright family filed a lawsuit against Whitestone Crossing Austin LLC, alleging that the landlord negligently failed to maintain the property and knowingly disregarded tenant complaints. They claimed management violated the Texas Deceptive Trade Practices Act by misrepresenting the property’s condition and refusing to address significant defects, including water intrusion, mold, and pest infestations. The case highlighted the severe consequences of landlord negligence and underscored the importance of addressing tenant health and safety concerns.
Defense
Whitestone Crossing Austin LLC claimed that they maintained the property according to industry standards and addressed tenant complaints to the best of their ability. They argued that the water intrusion issues resulted from construction defects beyond their control and that they had relied on contractors to remedy the problems. The defendants contended that the mold presence was minimal and did not require significant remediation, contrary to the findings of the Wright family’s mold inspector. Additionally, the property management maintained they had taken reasonable steps to manage pest issues, including the application of pesticides, and that the recurring infestations were not caused by negligence. The defense also suggested that the Wright family’s health conditions were not directly linked to the mold or the living environment, proposing other potential contributing factors.
Jury Verdict
On December 19, 2024, the jury found Whitestone Crossing Austin LLC liable for the damages caused to the Wright family and awarded $1,061,500 in compensation. The ruling emphasized that the toxic apartment, infested with mold and pests, created an unsafe living environment that posed serious health risks to the tenants.
Court Documents:
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