NORTHAMPTON – An Amherst man injured when a staircase collapsed in a home he was looking to buy in Cummington has filed a lawsuit seeking damages against the property owner and the real estate company that listed the home.
According to the four-count complaint filed in Hampshire Superior Court, Lorenzo Agustin, 51, had entered a basement staircase at 24 West Main St. and began descending the stairs when the staircase collapsed and he fell to the floor.
The complaint states that Agustin suffered “severe and permanent” injuries to his body from the fall, which occurred in April 2015.
Agustin had been looking at the house during an arranged showing between his real estate agent and Ruggeri Real Estate of Greenfield, which listed the property, according to the complaint. The property is owned by Jason Brooks, trustee of West Cummington Realty Trust. Brooks, the trust and Ruggeri Real Estate are named as defendants.
Brooks said he had insurance on the building and was not aware of the court complaint when contacted by a Gazette reporter.
“I think he (Agustin) is just dealing with our insurance company,” he said.
Real estate broker Joseph Ruggeri, of Ruggeri Real Estate, said the property listing was handled by another agent in the company.
“What we ensure is that the property is fully insured when we list them,” Ruggeri said when contacted by the Gazette. “When we list them, we put the onus on the property owner to keep them safe and secure.”
In addition to his his bodily injuries, the complaint states, Agustin suffered physical pain and emotional distress, became disabled from attending to his usual affairs and duties, suffered emotional distress, and incurred expenses for medical treatment and hospital care. His wife, Karen-Carey Agustin also is named as a plaintiff in the lawsuit.
Northampton attorney Kenneth Lieberman filed the complaint on behalf of the couple and declined to comment beyond the details outlined in the lawsuit.
The complaint alleges negligent, reckless and careless conduct by Brooks in that Brooks had a duty to maintain the property in a safe condition and “should have known of the dangerous condition of the staircase.” It alleges the same against Ruggeri Real Estate on the grounds that the company had “a duty to inspect the property before placing it on the multiple listing service for sale.”
Asked whether he was aware that the staircase may have been in unstable condition, Brooks said, “Absolutely not.”
“I’ve been up and down it myself before,” he said.
A visit to Agustin’s Amherst home on Tuesday to talk about the incident was unsuccessful.
Dan Crowley can be reached at dcrowley@gazettenet.com