[spinn]

I live in a condo that performed one of the most negligent contstruction projects in recorded history. The project was necessaary but a dozen or so units, including mine, were damaged.

In addition to that, state fire codes were violated and after they blew out our air conditioning, several residents have developed health problems. One has developed asthma for the first time in her life and another had a heart attack. The health problems, I believe, are resulting from the fact that the temeperature in these units got as high as 95 degrees....for four months.

One of the residents has sued for the damages done to his unit. We are all identically situated in that respect.

The attorney for the Plaintiff has not returned my calls.

My question is....how can I join this suit or what can I do after this owner wins his lawsuit? The pretrial conference is sometime in November so I am expecting the trial to be some time in early 2007.

My condo fee here is already more than my mortgage and this place, while run well is throwing money out the window. The past President wanted to put a $60,000 dance floor in the basement for the seniors at a time when the budget is at a defict.

[centex]

This would have been a better topic in General. It is not credit related, and labeling it as off-topic does not justify its placement here. That said...

There is no requirement that a court allow additional plaintiffs to join a suit, although it is entirely possible that the Court could entertain a motion to consolidate if the timelines for prosecution of the case are roughly similar.

You would likely have no standing to sue for health problems of another and the perceived fire code violations are likely not ripe for litigation but should, instead have been filed through the appropriate administrative channels with the city or state- I have no idea what your state may have in that regard.

[Qtip]

Spinn,

I moved the thread to the General forum, since the thread does not pertains to credit repair!


Thanks,


Qtip

[apexcrsrvc]

I suppose my question is "why" would you want to join into another suit? I could see the Court ordering joinder if the facts and timliness gave rise to it but, I wouldn't move for it myself.

I'd simply file my own Complaint. You suffered damages so I see no issues in that regard. Sounds like a simple strict liability action (if your state has that COA) to me.

As far as the other Plaintiff, I would see no effect upon your claim unless the Defendant moved for joinder. Res Judicata or Claim Preclusion wouldn't apply because you are not the same party as the current Plaintiff.

[spinn]

No problem Q....I apologize for placing it in the wrong section.

Apex the opposing counsel is one of the best (and most espensive) law firms in my area. Kinda makes you wonder why a condo has a $400 or $500 an hour firm to write two or three letters a year.....but I guess thats why our condo fees are more than our mortgages.

My facts are identical to the original plaintiff and I just dont want to take on this firm by myself.

Centex.....I have health issues as well but much more subjective, and difficult to prove. Basically........I have been extremely hot since this happened. Sweating when it is 65 degrees out etc....

And on thge Gossip side of the equation....pure speculation but I am told the condo board is refusing to settle as a way to pay back the Plaintiff...ie embarrass him in the eyes of the other residents.

Its crazy man.....this whole thing could of gone away for mid four figures....as it stands...they are asking for low six figures and that is only for one of the units damaged............

Stay tuned for the geriatric version of desperate househusbands.