Royal Pines seeks to dismiss tenant’s suit alleging failure to repair damages

By Heather Isringhausen Gvillo | Dec 14, 2017

A condominium seeks to dismiss a tenant’s lawsuit alleging the association failed to make repairs to her unit for more than five years.

A condominium seeks to dismiss a tenant’s lawsuit alleging the association failed to make repairs to her unit for more than five years.

Denise Edwards filed the suit on Oct. 6 against Royal Pines Condominium Association.

In her complaint, Edwards alleges an earthquake occurred in Illinois on April 18, 2008, causing damage to the foundation of the condominium over several years, which in turn, caused damage to the plaintiff’s unit.

She alleges that between 2011 and 2016, she continued to report worsening cracks in the walls, ceiling, door and window frames and kitchen cabinets in her unit. She claims they were caused by the condo’s foundation settling.

Higgins alleges Royal Pines failed and refused to take responsibility for the damages to her unit and failed to make the required necessary repairs to the interior of her unit.

Plaintiff alleges the defendant is responsible for remedying the alleged damage in the common areas

Royal Pines filed a motion to dismiss on Nov. 16 through attorney Jack Kiley of Erickson Davis Murphy Johnson & Walsh Ltd. in Decatur, citing the Aspen decision.

The defendant argues that it is a non-profit condominium association with a principal place of business in St. Louis, meaning Illinois lacks personal jurisdiction over the defendant.

Royal Pines argues that it is neither present nor doing business in Illinois for any of the actions complained of in the complaint.

“By Plaintiff’s own admission, jurisdiction is conferred only because of an earthquake that allegedly occurred in Illinois,” the motion states.

Higgins seeks a judgment in her favor of more than $50,000, plus court costs.

She is represented by Joseph Nassif of Nassif Law Firm in Creve Coeur, Mo. and Bernard Ysursa of Cook, Ysursa, Bartholomew, Brauer & Shevlin LTD in Belleville.

St. Clair County Circuit Court case number 17-L-581

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Organizations in this Story

Cook, Ysursa, Bartholomew, Brauer & Shevlin Erickson, Davis, Murphy, Johnson, Griffith & Walsh , Ltd. Nassif Law Firm St. Clair County Circuit Court

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