Holland Phillips Nov. 26, 2013, 7:52pm

NEW ORLEANS – Owners of a local mobile device business are suing their property manager for failure to remedy building defects that allegedly caused flooding and resulted in foul odors and potential exposure to mold.

Ashraf M. Saem and Abdel R. Mousa, owners of Express Center LLC filed suit against 1205 St. Charles Condominium Association Inc., Property One Inc. and their insurance companies in the Orleans Parish Civil District Court.

The plaintiffs claim that while leasing the defendants’ property and operating their business, Express Center,  which markets and sells mobile devices, they suffered poor conditions including intermittent offensive sewer odor and water intrusion caused by repeated flooding.

The defendants are accused of failing to provide adequate repair to the defects in the exterior of the building according to operation and management duties, failing to recognize the vulnerable position of the plaintiffs who lodged several complaints and requests for assistance and failing to inspect and remedy the unhealthful and unsafe situation.

An undisclosed amount in damages is sought for loss of profit and customers, loss of use of half of the retail space due to unsightliness, loss of use of equipment and inventory, reimbursement of clean-up costs incurred by the plaintiffs and exposure to toxic mold.

The plaintiffs are represented by Charles G. Hamilton III of New Orleans-based Hamilton & Brown LLC.

The case has been assigned to Division H Judge Michael G. Bagneris.

Case no. 2013-08541.

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