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'She made them aware': Woman describes helping neighbors after their Birmingham apartment deck collapses beneath them
SIX STARTS NOW. A PEACEFUL NIGHT TURNING TERRIFYING WHEN WATCHED AS A DECK COLLAPSES AS TWO PEOPLE WALK TO THEIR DOOR. THAT ACCIDENT LEFT BOTH WITH INJURIES, BOTH PHYSICALLY AND MENTALLY, AND THEY NOW ALSO FACE A LONG ROAD TO RECOVERY. THANK YOU SO MUCH FOR JOINING US TONIGHT AT SIX. I’M IAN WRIGHT. AND I’M SHERI FALK. THE PEOPLE IN THAT VIDEO ARE NOW TAKING LEGAL ACTION. WVTM 13 GLADYS BATTISTA JOINS US LIVE IN BIRMINGHAM TONIGHT OUTSIDE THE FIRM HANDLING THIS LAWSUIT. SO, GLADYS, WHAT HAVE YOU BEEN ABLE TO LEARN ABOUT THAT CASE TODAY? WELL, IAN SHERRY, WE’VE BEEN SIFTING THROUGH THIS LAWSUIT ALL DAY AND IT CLAIMS THE PROPERTY MANAGEMENT COMPANY WAS NEGLIGENT BECAUSE IT SAYS THEY WERE WARNED THAT THAT STRUCTURE WAS UNSAFE. WE SPOKE TO A NEIGHBOR TODAY WHO RAN TO HELP AFTER THAT COLLAPSE. SHE SAYS HER AND OTHER NEIGHBORS, INCLUDING THE TWO PEOPLE THAT YOU SAW IN THAT VIDEO, FALLING DOWN WHEN THAT DECK COLLAPSED, HAD BEEN WARNING THE PROPERTY MANAGEMENT COMPANY THAT THEIR STRUCTURES WERE NOT SAFE. THIS IS THE TERRIFYING RING CAMERA FOOTAGE OF THE MOMENT, A BIRMINGHAM APARTMENT DECK COLLAPSED UNDERNEATH TWO PEOPLE. MAKAYLA MORLEY LIVES AT THE PARK AT FAUNSDALE APARTMENTS, WHERE IT HAPPENED RIGHT NEXT DOOR. I’VE BEEN TRAUMATIZED TO COME OUTSIDE OF MY APARTMENT BECAUSE I’M SCARED. THE SAME THING MAY HAPPEN. MEMOLI DESCRIBES THE MOMENT SHE HEARD THE LOUD NOISE CAUSED ME TO LOOK AT THE PORCH AND I SAW THAT IT WAS COMPLETELY MISSING. SO. SO THEY COULDN’T GET TO THEIR HOUSE. I DIDN’T KNOW ANYBODY WAS INJURED. I WENT TO GET THEM SOME WATER AND I BROUGHT THEM THE WATER. I THEN SAW THAT MY NEIGHBOR’S DAUGHTER WAS TRAPPED UNDERNEATH THE CEMENT FROM THE PORCH. THE LAWSUIT AGAINST ARBOR VALLEY MANAGEMENT AND PEBBLE CREEK BORROWER, LLC, THE COMPANIES THAT OWN THE COMPLEX SAY MONICA JACKSON’S DAUGHTER, PHOENICIA JACKSON AND HER GRANDSON FERNANDO JACKSON JR WERE JUST GETTING HOME ON THE NIGHT OF JUNE 25TH WHEN THE DECK COLLAPSED. WHILE DOCUMENTS SAY FERNANDO JACKSON JR. HAD CUTS AND BRUISES. THE LAWSUIT SAYS FELICIA JACKSON WAS PINNED UNDER CONCRETE, LEAVING HER WITH MULTIPLE FRACTURES AND NEEDING VARIOUS SURGERIES. MAOLI SHARED THESE PICTURES SHE TOOK OF THE RUBBLE THE NEXT DAY. IT WAS COMPLETELY AVOIDABLE AND THEY COULD HAVE FIXED IT. IT NEVER SHOULD HAVE HAPPENED. SHE MADE THEM AWARE OF THE ISSUE AND NOTHING WAS DONE. THE LAWSUIT ALLEGES THE OWNERS AND OPERATORS OF THE PROPERTY PEBBLE CREEK BAR AND ARBOR VALLEY MANAGEMENT KNEW THE DECK WAS UNSAFE DUE TO NUMEROUS COMPLAINTS FROM RESIDENTS AND OTHERS. MALLIE SAYS SHE IS ONE OF THOSE RESIDENTS. I’M A LITTLE BIT SHOCKED, BUT I’M NOT COMPLETELY SURPRISED BECAUSE, LIKE I SAID, WE’VE ALL SAID THAT SOMETHING WAS GOING TO HAPPEN. YET IT CLAIMS THE MANAGEMENT COMPANY NEGLECTED TO CONDUCT ANY REPAIRS OR PUT IN PLACE ANY SAFETY MEASURES SINCE THE COLLAPSE. MAOLI SAYS THE PROPERTY MANAGEMENT COMPANY HAS REPLACED THE DECK AND STAIRS. BUT FOR THOSE THAT REMAIN THE SAME, LIKE FAMILIES, SHE WONDERED WHAT IT WILL TAKE. ALL OF THESE STEPS ARE IN THE SAME CONDITION AND AT RISK OF COLLAPSING VERY SOON. THEY DON’T FEEL STABLE. WHEN WE CONTACTED THE PROPERTY TODAY, WE WERE DIRECTED TO THEIR LAWYER. AT THIS HOUR, WE STILL HAVE NOT YET RECEIVED OUR
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'She made them aware': Woman describes helping neighbors after their Birmingham apartment deck collapses beneath them
In the wake of a lawsuit being filed against a Birmingham apartment complex after a deck collapsed beneath two people, a neighbor of the people now left with serious injuries recalled how she tried to help. In a lawsuit filed by Morgan & Morgan, it states FeNysha Jackson, 29, and Fernando Jackson Jr., 17, were walking up the steps to their home on the night of June 25 when the deck fell out from underneath them.The two suffered "severe injuries from the fall," including multiple fractures to their legs and feet, bruises and cuts, according to the law firm.Mikayla Mawuli lives next door and described what happened after she heard the loud noise."It caused me to look at their porch," Mawuli said. "I didn't know anybody was injured. I went to get them some water, and I brought them the water. I then saw that my neighbor's daughter was trapped underneath the cement from the porch. I'm a little bit shocked, but I'm not completely surprised because we've all said that something was going to happen. It was completely avoidable. They could've fixed it, it never should've happened. She made them aware of the issue and nothing was done."The lawsuit claims negligence and that the complex knew of the hazardous conditions of the deck and "failed to warn the Plaintiffs of the unreasonably dangerous or defective condition of the premises."Stay up-to-date: The latest headlines and weather from WVTM 13 Mawuli said the deck and stairs have since been replaced, but for the structures that remain the same like hers, Mawuli wondered what it will take."All of these steps are in the same condition and are at risk of collapsing very soon," Mawuli said. "They don't feel stable."The plaintiffs are seeking a trial by jury and compensation.
BIRMINGHAM, Ala. —
In the wake of a lawsuit being filed against a Birmingham apartment complex after a deck collapsed beneath two people, a neighbor of the people now left with serious injuries recalled how she tried to help.
In a lawsuit filed by Morgan & Morgan, it states FeNysha Jackson, 29, and Fernando Jackson Jr., 17, were walking up the steps to their home on the night of June 25 when the deck fell out from underneath them.
The two suffered "severe injuries from the fall," including multiple fractures to their legs and feet, bruises and cuts, according to the law firm.
Mikayla Mawuli lives next door and described what happened after she heard the loud noise.
"It caused me to look at their porch," Mawuli said. "I didn't know anybody was injured. I went to get them some water, and I brought them the water. I then saw that my neighbor's daughter was trapped underneath the cement from the porch. I'm a little bit shocked, but I'm not completely surprised because we've all said that something was going to happen. It was completely avoidable. They could've fixed it, it never should've happened. She made them aware of the issue and nothing was done."
The lawsuit claims negligence and that the complex knew of the hazardous conditions of the deck and "failed to warn the Plaintiffs of the unreasonably dangerous or defective condition of the premises."
Stay up-to-date: The latest headlines and weather from WVTM 13
Mawuli said the deck and stairs have since been replaced, but for the structures that remain the same like hers, Mawuli wondered what it will take.
"All of these steps are in the same condition and are at risk of collapsing very soon," Mawuli said. "They don't feel stable."
The plaintiffs are seeking a trial by jury and compensation.