FILED

2/9/2023 9:53 AM
Gloria A. Martinez 3 CITS PPS SAC 3
Bexar County District Clerk
Accepted By: Luis Herrera
Bexar County - 408th District Court 2023CI02712
CAUSE NO. ________

JANE DOE § IN THE DISTRICT COURT

Plaintiff §
§
v. § _________ JUDICIAL DISTRICT
§
NRE TETRO PROPERTY OWNER, §
LLC, LANDMARK PROPERTY §
MANAGEMENT, LLC AND §
FELTON BRADY III §
Defendants § BEXAR COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION AND REQUIRED DISCLOSURE NOTICE

TO THE HONONRABLE JUDGE OF SAID COURT:

NOW COMES, JANE DOE, Plaintiff herein, complaining of NRE TETRO

PROPERTY OWNER, LLC, LANDMARK PROPERTY MANAGEMENT, LLC and

FELTON BRADY III, Defendants herein, and files this her Original Petition and Required

Disclosure Notice and for cause of action would show as follows:

I. DISCOVERY CONTROL PLAN

1.1 Pursuant to Rule 190 of the Texas Rules of Civil Procedure, Plaintiff

requests that this lawsuit be conducted under Level 3 of the Discovery Control Plan.

II. THE PARTIES

2.1 Plaintiff, JANE DOE, is a citizen of the United States and a resident of Bexar

County, Texas and brings suit herein in her individual capacity for her personal injuries.

2.2 Defendant, NRE TETRO PROPERTY OWNER, LLC is a corporation formed

under the laws of the state of Delaware, with its principal place of business at 9595

Wilshire Blvd, Ste 600 Beverly Hills, California 90212, and doing business in Texas.

Defendant may be served by serving its registered agent for service of process

Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, at

211 E 7th St, Ste 620, Austin, Texas 78701-3218. Citation is requested.
 2.3 Defendant, LANDMARK PROPERTY MANAGEMENT, LLC is a

corporation formed under the laws of the state of Delaware, with its principal place of

business at 315 Oconee St, Athens, GA 30601-3605, and doing business in Texas.

Defendant may be served by serving its registered agent for service of process

Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, at

211 E 7th St, Ste 620, Austin, Texas 78701-3218. Citation is requested.

2.4 Defendant, Felton Brady III is a resident of San Antonio, Bexar County,

Texas and his address is 8330 Potranco Rd Apt 1037, San Antonio, Texas 78251-3003.

However, Mr. Brady is currently incarcerated and may be served with process at Bexar

County Detention Center, 200 N. Comal Street, San Antonio, TX 78207. Mr. Brady’s SID

number is 1142826. Citation is requested.

III. VENUE AND JURISDICTION

3.1 Venue is proper in Bexar County, Texas pursuant to Section 15.002(a)(2) of

the Texas Civil Practice & Remedies Code, in that all or a substantial part of the events or

omissions complained of occurred within the boundaries of Bexar County, Texas.

IV. STATEMENT OF FACTS

4.1 On or about October 13, 2022, Plaintiff, Jane Doe, was asleep in her

apartment at Tetro Student Village near the University of Texas at San Antonio. At

around 5 :00 AM, Plaintiff awoke to a man, Defendant Felton Brady III, in her bedroom.

Plaintiff was sexually assaulted by Defendant Brady.

4.2 Prior to this incident, Plaintiff had made numerous requests, both verbal

and written, for the apartment to fix her bedroom door that would not lock. Because the

apartment complex had not fixed her door, Defendant Brady was able to enter Plaintiff’s

room and assault her.

V. CAUSES OF ACTION AGAINST NRE TETRO PROPERTY OWNER, LLC

 & LANDMARK PROPERTY MANAGEMENT, LLC

5.1 At the time of the incident in question, NRE Tetro Property Owner, LLC

and Landmark Property Management, LLC were the operators of Tetro Student Village

where the incident occurred and had the right of control over the premises. For the

months and years leading up to the incident that forms the basis of this litigation, Tetro

Student Village has been aware of many crimes, including robberies and violent crimes,

occurring on its property.

5.2 Despite knowing about the propensity for crimes to occur on the premises,

Defendants allowed Plaintiff’s door to remain broken and incapable of locking. Their

inaction allowed Defendant Brady to enter the Plaintiff’s room and sexually assault her.

NRE Tetro Property Owner, LLC and Landmark Property Management, LLC by and

through its employees and agents, knew or should have known of the risks involved with

failing to fix Plaintiff’s door. Defendants failed to use ordinary care with respect to its

conduct which should have been used by an owner or operator of ordinary prudence

under the same or similar circumstances. Defendants were also negligent by failing to

properly inspect and maintain its premises in a reasonably safe condition for residents.

The negligence of Defendants, as described below, was the proximate cause of Plaintiff’s

injuries.

A. NEGLIGENCE AND NEGLIGENCE PER SE

5.2 As a result of the above-mentioned conduct and because of the items

mentioned below, NRE Tetro Property Owner, LLC and Landmark Property

Management, LLC by and through its employees, representatives, and agents, committed

acts of omission and commission, which collectively and severally, constituted

negligence, negligence per se, and recklessness which were a proximate cause of the
injuries to Plaintiff, the physical pain, mental anguish and damages she suffered. This

negligence includes, but is not limited to the following:

a) Failing to repair Plaintiff’s door in a timely manner despite being put on

notice that it was not locking;

b) Failing to have reasonable security measures in place at the apartment

complex despite knowing about crimes, including violent crimes, that had

occurred on the premises;

c) Failing to properly warn residents about the crimes occurring on the

property; and

d) In failing to implement and/or enforce policies and procedures to warn,

remove, eliminate, or prevent the incident described herein.

5.3 To the extent that negligent acts and omissions were committed by

employees and agents of NRE Tetro Property Owner, LLC and Landmark Property

Management, LLC defendants are vicariously liable for said acts through the theory of

respondeat superior.

B. PREMISES LIABILITY

5.4 On the date of the incident in question, Plaintiff was on the subject property

for the mutual benefit of both herself and Defendants. Defendants exercised actual

control over the premises on the date of the incident in question and every day before

and since. As such, NRE Tetro Property Owner, LLC and Landmark Property

Management, LLC were not only the managers of the property in question, they were

also the occupant of the premises at the time of the injury and damages to Plaintiff.

5.5 Plaintiff, while on the premises, was assaulted; this could have been

avoided had Defendants not been negligent and repaired Plaintiff’s door as she had
requested. Defendants breached their duty of ordinary care by failing to repair Plaintiff’s

door and created an unreasonably unsafe condition that they knew or should have

known about. Defendants’ breach of duty proximately caused the injuries of Plaintiff,

the physical pain and mental anguish she suffered, and the damages she suffered.

C. NEGLIGENT UNDERTAKING

5.6 NRE Tetro Property Owner, LLC and Landmark Property Management,

LLC undertook to perform services that it knew or should have known were necessary

for Plaintiff’s protection, including but not limited to repairing the door which ultimately

could have prevented Plaintiff’s injuries. Defendants did not exercise reasonable care in

performing those services. Plaintiff relied on Defendants’ performance of those services.

Further, Defendants’ performance of those services increased Plaintiff’s risk of harm. The

defendants’ negligence proximately caused Plaintiff’s injuries.

D. GROSS NEGLIGENCE

5.7 As a result of its reckless disregard for safety, Defendants committed acts of

omission and commission which collectively and severally constituted gross negligence.

This conduct includes failing to maintain the premises on which Plaintiff was a resident

by failing to repair her door and creating a dangerous condition with an extreme degree

of risk, considering the probability and magnitude of the potential harm to others.

VI. CAUSES OF ACTION AGAINST DEFENDANT FELTON BRADY III

A. ASSAULT

6.1 Defendant Brady intentionally and knowing sexually assaulted Jane Doe.

Plaintiff’s injuries were proximately caused by this assault.

B. NEGLIGENCE
 6.2 Defendant Brady had a duty to act like a reasonably prudent person would

have under the same or similar circumstances. Brady failed to act like a reasonably

prudent person would have under the same or similar circumstances, and such failure

and breach of that duty was a proximate cause of Plaintiff’s injuries.

VII. DAMAGES

7.1 As a result of the incident in question, Plaintiff has sustained both past and

future, physical impairment, both past and future, physical pain and mental anguish, and

both past and future, disfigurement. Nearly all of the elements of damages for personal

injury are unliquidated and, therefore, not subject to precise computation. Plaintiff seeks

to recover damages in amounts that the jury finds the evidence supports and that the jury

finds to be appropriate under all of the circumstances, which said amount is in excess of

One Million Dollars.

7.2 As a result of the gross neglect and malice by Defendants, said Defendants

should have exemplary damages assessed against them in an amount deemed

appropriate by the jury.

XIII. PRE-JUDGMENT AND POST-JUDGMENT INTEREST

8.1 Plaintiff seeks pre-judgment and post-judgment interest as allowed by law.

IX. JURY DEMAND

9.1 Plaintiff requests a trial by jury for all issues of fact and have submitted the

requisite timely and proper jury fee.

X. REQUEST FOR DISCLOSURE

10.1 Pursuant to the provisions of Rule 194, Texas Rules of Civil Procedure,

Defendants are requested to disclose, within fifty (50) days of service of this request, the
information or material described in Rule 194.2 (a)-(l), inclusive of the information described

in Rule 192.3(f).

XI. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited

to appear and answer herein, that this cause be set down for trial before a jury, and that

Plaintiff recover judgment of and from the Defendants for her actual and exemplary

damages, jointly and severally, in such amount as the evidence may show and that a jury

may determine to be proper, together with the prejudgment interest, post-judgment

interest, costs of suit, and such other and further relief to which she may show herself to

be justly entitled at law or in equity.

Respectfully submitted,

WIGINGTON RUMLEY DUNN

& BLAIR, L.L.P.
601 Howard St.
San Antonio, TX 78212
Telephone: (210) 487-7500
Telecopier: (210) 487-7501

/s/ Ross W. Evans

Joseph M. Dunn
SBN: 06245650
jdunn@wigrum.com
Ross W. Evans
SBN: 24064771
revans@wigrum.com

And

Ryan L. Orsatti
Attorney-at-Law
SBN: 24088910
Ryan@ryanorsattilaw.com
4634 De Zevala Rd
San Antonio, TX 78249
Telephone: (210) 672-1354

ATTORNEYS FOR PLAINTIFF

 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Diego Quintero on behalf of Ross Evans

Bar No. 24064771
dquintero@wigrum.com
Envelope ID: 72596304
Status as of 2/9/2023 11:10 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Ross WEvans revans@wigrum.com 2/9/2023 9:53:32 AM SENT

Abigail Vazquez avazquez@wigrum.com 2/9/2023 9:53:32 AM SENT

Diego Quintero dquintero@wigrum.com 2/9/2023 9:53:32 AM SENT