Update 2: Homeowner's lawsuit

Two homeowners are on either side of a lawsuit regarding an incident that occurred in March of 2019. The Association is also a named party.

The June 29, 2020 trial date has been canceled and a new trail date will be set soon.  The case is currently in the early discovery phase.

Neither homeowner resides at the Lakes of Bent Tree at this time.

The plaintiff alleges that on March 23, 2019 they were sitting on their patio when defendant #1, a board member, walked past with an unleashed dog (Chihuahua, Dachshund mixed breed). The dog entered the plaintiff's patio and Plaintiff alleges that while kicking at the dog they felt a pain in their left shoulder. Prior to the incident, plaintiff had already scheduled arthroscopic surgery to repair an injury to the shoulder in question.

The Association was later named in the lawsuit because the defendants were board members at the time. See amended petition here.

Plaintiff further alleges that defendant #2, the spouse of plaintiff #1 and also a board member at the time, breached their fiduciary duties by failing to enforce the Association’s bylaws and remove the dog from the community.

The plaintiff is seeking monetary compensation of $50,000. The Association has D&O and CGL policies with Continental Casualty Company and Nationwide. The policies have a combined $1,000 deductible.

Defendant 1 and 2 filed a claim on their personal liability insurance and are represented by Thompson, Coe, Cousins & Irons. The HOA filed a claim on its D&O and CGL policies. The HOA is represented by the Law Office of James A. Lawrence, and Roberts Markel Weinberg Butler Hailey PC. All blog articles on this case can be seen here.