A jury has awarded a family $1.06 million in damages after finding the owner of their Cedar Park apartment complex negligent for failing to adequately address water leaks, mold and an ant infestation.
The Williamson County jury also found Whitestone Crossing Austin LLC engaged in deceptive practices.
Attorney Kristina Baehr, who represented the family, said their experience as renters is all too common.
“This is a case about an apartment complex that, like so many others, was purchased by an investment firm and they didn’t take care of it and they made people sick," she said. "And one of the families that got sick was the Wright family."
Kota Capital Investments owns Whitestone Crossing, which was built in Cedar Park in 2020 and advertised as a luxury property.
According to court filings, Kelsi and Corey Wright — who have three children — dealt with water leaks in the townhome they rented after moving in in 2021.
"This jury was sending a message to this community that these safety rules matter and juries will enforce them, so landlords beware."Kristina Baehr, lawyer who represented the Wright family
“When the Wrights requested repairs, Whitestone Crossing’s Management’s maintenance workers waived off their concerns, telling the Wrights that the buildings were poorly built, and the builders had used the wrong door stoppers,” a petition Baehr filed stated.
After repairs weren’t made to prevent water leaks, the Wrights noticed a persistent ant infestation. While Whitestone Crossing did spray the home for the insects, the ants kept returning. The Wrights became concerned about the repeated use of insecticide in their home and started to decline this option.
“Soon the Wrights discovered there were other tenants, past and present, with water intrusion and insect issues on the defendants’ property,” the petition stated.
Tenants also experienced issues with mold. The lawsuit claimed a maintenance technician told the couple he found mold in the walls of a nearby unit and management did not adequately address it.
Baehr said the Wright family and their children experienced health issues related to ongoing exposure to mold. She said Corey Wright, who worked from home, started experiencing sinus issues and swollen glands.
“He found that when he left town for work he felt better, so they started to piece it together that maybe this was their house that was making them sick,” Baehr said.
The Wrights hired a company to test for mold in November 2021, according to the lawsuit. The company found the home was not habitable “and poses extreme risk to safety and health.”
Despite this finding, Baehr said, Whitestone Crossing brushed off the problem.
“The landlord said, ‘Oh, [the mold’s] not high enough ... to make a difference, so we’re not going to investigate it at all,’” she said. “As a result, not only did they not investigate, but they didn’t remediate and they just put another family in a day or two after the [Wright] family moved out.”
Baerh said it is significant that the jury found Whitestone Crossing was negligent and engaged in false, misleading and deceptive practices that caused damages to the Wright family.
“This jury was sending a message to this community that these safety rules matter and juries will enforce them, so landlords beware,” she said.
In a statement, Corey Wright said the jury’s decision sets a precedent "that we prioritize the health and welfare of the people in this County."
KUT reached out to the defendant’s lawyers for comment, but has not heard back. Baerh said if they appeal, her clients are willing to stick it out.
“The Wright family is willing to stay in the game because they want to make sure this doesn’t happen to anybody else," she said, "and I think that’s what the jury saw."
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