Monday, May 2, 2016

Former tenant sues The Park at Moss Creek for carjacking.

The Park at Moss Creek Apartments have apparently suffered from a crime problem during the past few years.  A man was arrested for kidnapping, rape, and armed robbery in several attacks at the Northeast Jackson apartment complex.  However, a lawsuit was filed a year ago by a woman who was carjacked there as well in 2013.  She claimed the owners of the complex, Arlington Properties, did not keep the The Park safe after it was repeatedly notified by tenants about crime problems.

Amandia Byrd lived at The Park at Moss Creek for five years.  She came home on the evening of February 15, 2013.  The gate was open and not working.  Two men were "loitering" in the parking lot.  They carjacked her at gunpoint and left in her car.  Ms. Byrd claims that she and other residents complained to the management that the lights were not working, strangers were hanging around in the parking lot, and the gate was broken and stayed open.  She states the managers promised to fix things and get a security guard but did not keep their promises.  Her affidavit claims that the manager promised to "sweep" the premises around 7:00 PM each night and arrange for someone to escort her to her apartment if she did not feel safe.

Ms. Byrd sued Arlington Properties in May 2015.  Arlington removed the suit to federal court. The case was assigned to Judge Henry Wingate and referred to Magistrate Linda Anderson.  Ms. Byrd filed a motion to remand the case back to Hinds County Circuit Court.  The Court stayed discovery.  The two sides are currently sparring over the issue of remanding the case back to state court but nothing has been filed since July 2015.  Attorney Ashley Ogden represents the plaintiff while Jimmy Willkins (Watkins Eager) represents the defendants.

Kingfish note: It is not known if the victim was interviewed by Jerry Mitchell.  Oh, and yes, there are other lawsuits against this bunch.  They are all getting posted. One.by.one. 


15 comments:

Anonymous said...

Case has no business in federal court.

Will be remanded

Messick said...

"Two men were loitering in the parking lot."

Seems to be a recurring theme over the decades.

Anonymous said...

And any other judge would have immediately remanded it but it got stuck in Wingate's black hole.

Anonymous said...

Funny that Ashley has to argue there is an atmosphere of violence basically in his own back yard.

Anonymous said...

I knew Ashley filed this before I even looked at the final page of the complaint. He considers himself a premises liability guru and files these kinds of claims basically every time something like this happens.

Anonymous said...

He did such a great job in the Kroger case.

Anonymous said...

No direct knowledge of any incidents at this apartment complex, but anyone have any real stats (not JPD washed ones) on the slew of car theft, car jackings and other stuff happening in and around Maywood Mart and Highland Village?

Anonymous said...

2:56:

"Wingate's black hole..." heh heh..

Regards,

Beavis

Bleed The Lizard said...

'People loitering in apartment complex parking lots in the city of Jackson'.

They're also shootin' dice, publicly intoxicated, tokin' weed and taking leaks in public.

If this shit were actionable...well, it ain't.

Anonymous said...

Actually if the Park is run by an out of state company it has every business being in a federal court. Ogden is clearly suing in-state defendants, more than likely the property manager, for the purpose of defeating diversity and getting it back to Hinds County. May work, it may not, but I guarantee you that is the goal.

Anonymous said...

@7:13 I laughed for about 2 minutes at your comment. A good chuckle is always a plus, good for your health

Anonymous said...

2:26 -

Google "diversity jurisdiction." History, knowledge of law, context...they're your friends.

Anonymous said...

If this shit were actionable...well, it ain't.

That would be news to Shane Langston, Roe Frazer and Dennis Sweet.

They made MILLIONS on "premises liability" (failure to provide adequate security)

Probably tens of millions. I think it's a lame theory of recovery, and it's a tort that essentially evolved out of nothing.

But I assure you, it's very actionable in the state of Mississippi.

But, You Assured Me... said...

3:52; Residents of the facility lounging around in their own parking lot is not actionable. Such things as unrestricted traffic night and day, lack of security lighting, inoperable door locks, windows that won't latch, light bulbs that have not been replaced in years, boys from other hoods being allowed to congregate at all hours...........yes.

Anonymous said...

1:47 --

When Wingate remands without comment in another 6 months or so, do you think the Defendants will consider this suit in-actionable?

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