Guest files lawsuit in deck collapse

AUSTIN (KXAN) - A woman who was a guest at the party where an outdoor deck collapsed on Aug. 1, injuring dozens, has filed a civil lawsuit in Travis County court against the condo owner and the deck designer.

Christina Anne Whittaker filed suit on Wednesday, naming Calvin Wong; Victor Wong; Garden Place Court Condominium Association and Leslie Peter Filip, owner of enDesign, as defendants.

The collapse happened at 4811-B E. Oltorf St. early Sunday morning when an overload of people were on a second-story deck, later found to exceed the weight limits for a deck of that type, according to Austin fire officials.

The lawsuit states that the owners and deck contractor "had actual and constructive knowledge and notice that it constituted an unreasonably dangerous condition. Nevertheless, these defendants allowed that unreasonably dangerous condition to exist. Defendants were aware that the balcony/deck was built using numerous shortcuts, that it was not to code, that it was not permitted, and that it was not inspected."

Whittaker fell two stories in the collapse. The lawsuit states she "suffered severe injuries and profound trauma and disfigurement to her body. Thus far she has one surgery in which pins and plates were inserted into the bones of her foot. She faces at least one more surgical procedure as part of the healthcare treatment necessitated by this incident. Her injuries resulted and in all likelihood will continue to bring extreme and excruciating physical pain and mental anguish."

The lawsuit states Whittaker has a physical disability as a result of the fall, loss of earnings and earning capacity, along with healthcare bills.