Blizzard Greenberg: plaintiff repeatedly asked apartment complex to fix broken door lock

AUSTIN – An Austin-area woman has filed a lawsuit against an apartment complex where she once lived after she woke to an intruder sexually assaulting her in her own bedroom. 

Evidence indicates the attacker entered the unit through the back sliding glass door, which had a broken lock that the victim and her roommate had repeatedly asked apartment management to repair for more than a year.  

The lawsuit says the women asked for a sliding door security bar to secure the door, but management said the residents would have to buy it and install it themselves, which is a violation of the Texas Property Code. 

Attorneys at Blizzard Greenberg represent the plaintiff, identified as M.K. in the lawsuit, against the apartment complex and property management company. 

“Management knew the door lock was not functioning and chose not to do anything about it,” said trial lawyer Anna Greenberg. “Instead, they neglected basic repairs, and my client was attacked by a stranger who was able to easily access her home.” 

The complaint details a disturbing case in which M.K. was asleep in her apartment bedroom when she was awakened by a total stranger sexually assaulting her in her bed. 

M.K. began screaming and was able to fight off the intruder, kicking him in the chest and throwing a blanket at him. According to the lawsuit, her roommate heard the commotion and called 911. The attacker then ran out of the apartment through the back sliding glass door. 

According to Austin Police Department records, 89 burglaries, 81 aggravated assaults, 29 robberies and 4 homicides were committed in and around this complex in just two years before this assault. 

“Apartment complexes have a legal obligation to keep tenants safe and this complex failed to do so,” said Ms. Greenberg. “If basic safety procedures had been in place, my client would not have had her life changed forever by this terrifying incident.”  

Following the attack, the victim and her roommate no longer felt safe and moved out of their apartment. M.K. is now in therapy to treat panic attacks, nightmares and intense fear resulting from the assault. 

Officers with the Austin Police Department later arrested the attacker, identified as Octavio Contreras Guzman, who they say was targeting other women in nearby apartment complexes. He was apprehended after police set up hidden cameras and caught him peering into windows.  

The case is M.K. v Clear Property Management et al., cause number 24-002539 in Travis County. 

About Blizzard Greenberg, PLLC 

Blizzard Greenberg, PLLC is an award-winning national trial firm with more than 40 years of experience handling complex legal issues involving pharmaceutical,  personal injury, sexual assault, human trafficking, and defective devices cases. For more information, visit www.blizzardlaw.com.

Read more from these news outlets:

• Sexual assault victim sues Austin apartment complex over broken lock – KEYE News
• Austin woman sues apartment for not fixing broken lock that she says led to assault – Austin American-Statesman
• Austin woman sues apartment complex for failing to fix broken lock that led to assault – Fox 7 Austin
• Austin woman claims she was sexually assaulted after apartment refused to fix broken lock – KVUE

Blizzard Greenberg attorneys secure maximum settlement on behalf of women

HOUSTON – A Houston-area Massage Envy has agreed to pay its maximum insurance policy limit of $1 million to two women who filed a lawsuit saying they were sexually assaulted by a male massage therapist during their appointments. 

Our Houston sexual assault attorneys represented the women, identified as T.G and M.D., in the lawsuit against a Massage Envy franchise in Conroe. The lawsuit includes disturbing details describing the assaults against both women during their appointments. 

Following reports of the assaults, the Conroe Police Department arrested Jose Barajas Franco and charged him with felony sexual assault. He has since bonded out of jail and the criminal case is ongoing. 

According to the lawsuit, Mr. Franco assaulted T.G. towards the end of her appointment by abruptly inserting his fingers into T.G.’s vagina. She froze as he then jumped onto the table, grabbed her hands and began performing oral sex on her without her consent. Terrified, T.G. remained frozen on the massage table until the assault ended. She was later diagnosed with HSV-1, or herpes, an incurable, lifelong infection, as a result of the attack. 

The victim’s report to police led to the discovery of other women who had made complaints about Mr. Franco, including M.D. She accused Mr. Franco of inappropriately touching her in multiple areas and failing to properly use draping throughout the session, making her feel vulnerable and exposed.  

During his deposition in the legal case, Massage Envy franchise owner Mack Miller claimed, “male therapists have been targets of an extraordinarily disproportionate number of lawsuits” in the industry.  

“The franchise owner attempted to downplay the allegations, and we did not stand for it,” said trial lawyer Anna Greenberg. “These women, with no knowledge of the other’s allegations, separately reported the assaults by this therapist within just a few weeks of each other. That is no coincidence; that is evidence of a predator at work.” 

The case is T.G. and M.D. v Massage Envy and Jose Barajas Franco et al., cause number 2022-59001 in Harris County District Court.   

Full stories below.

• Lawsuit says Conroe masseuse sexually assaulted, transmitted herpes to Massage Envy customer
• Houston-area massage parlor Massage Envy loses $1 million in sexual assault lawsuit
• Houston-area massage parlor agrees to pay $1 million following sexual assault allegations
• Massage Envy in Conroe pays $1M to 2 sex assault victims
• Houston-area massage co. to pay $1 million in sexual assault lawsuit