Another resident of Rosemont Court has filed a lawsuit against the property management company, claiming that the senior living center has not been kept in a "safe and habitable condition."
This time, it's a class-action lawsuit that was filed against Income Property Management Co. Court documents obtained by KATU News allege that the defendant failed to "adequately test for Legionella on a regular periodic basis," and failed to warn tenants about the presence of Legionella in a timely manner when it did appear.
Naming Esther Lewis as the plaintiff, the lawsuit also claims the property management company wasn't completely forthright about how the Legionella outbreak was handled, "resulting in a diminution in the monthly rental values for the tenants of Rosemont Court."
Filed on Monday, October 18, this is the second lawsuit in a week to be brought against the company over the North Portland apartment complex. Attorney Michael Fuller is representing plaintiffs in both cases.
Since January 2021, there have been a total of 14 Legionnaires' disease cases connected to the Rosemont Court apartments. One person died, and others have been hospitalized.
Legionnaires' disease comes from bacteria that are naturally found in fresh water, but it can get into the plumbing system and cause people to fall ill with pneumonia. According to Multnomah County Health Department, "it infects someone after they inhale it in a fine water mist. It is not spread by drinking water."
During the initial outbreak, residents were temporarily relocated but brought back into the building in February after the water system had been shut off and disinfected. Water filters were also installed inside apartment units at sink faucets and showerheads. However, cases against appeared in March and June. The most recent case was detected in late September.
KATU News reached out to Income Property Management Co. for comment on the lawsuit. A public affairs officer provided the following statement on behalf of the company:
“This situation is unfortunate and complicated. As Rosemont Court’s property manager, IPM hopes very much that the source of Legionella bacteria can be identified so that others do not get ill and remains a committed partner in that effort along with the owner, county, and other public health officials.”