Judge Approves Class In Apartment Suit
July 8th, 2007 - Category: Apartments, Real EstateA judge has granted part of a request for class action in a lawsuit involving a Springdale apartment complex.
The Springdale Ridge Apartments were evacuated after carbon monoxide was detected in August 2004.
Washington County Circuit Judge Mary Ann Gunn ruled Wednesday a class consisting of former residents seeking rent refunds and punitive damages from owners and operators of the apartment complex should be certified. The class is represented by Juan and Dalia Hernandez.
Gunn ruled another proposed class that included two wrongful death claims, along with claims for outrage and negligence doesn’t meet the criteria under Arkansas law because the claims are too individual in nature.
The suit was filed in September 2005.
The city ordered gas service turned off to the apartment complex on South 40th Street and declared the entire facility unfit for occupancy after a high level of carbon monoxide was discovered in almost every apartment tested by the Springdale Fire Department, according to the lawsuit. As a result, residents were without central heat and air, hot water and the ability to cook for nearly a week. Hot water and stoves at the complex are served by natural gas.
