Dionanna Bailey claims toxic mold caused double pneumonia and permanent lung damage for her and 8-month-old niece.
HOUSTON — A Houston woman is suing her former apartment complex, alleging that toxic mold in her unit at The Reserve at Westwood Apartments sent both her and her 8-month-old niece to the hospital with serious health complications, including double pneumonia and permanent lung damage.
Dionanna Bailey filed the lawsuit against Reserve at Westwood, Judwin Properties, and Indio Partners, accusing them of negligence after she says repeated complaints about health issues were dismissed by management as “mildew and condensation” rather than mold.
The situation began when Bailey moved into the southwest Houston apartment complex and initially dealt with what she described as a roach and spider-infested unit. She told KHOU 11 News, that when management wouldn’t let her out of her lease, they offered her a different unit, which Bailey says turned out to be contaminated with mold.
“Initially moving in I had some complications with the first unit I rented, it was infested with roaches and spiders.” Bailey said. “They wouldn’t let me out of my lease or give me refund but did give me an option to pick another unit and that’s how I ended up in the mold infested unit.”
Soon after moving into the second unit, Bailey says she began experiencing severe health problems.
“I was breaking out with rashes… heart palpitations, migraines, headaches, my nose would bleed constantly,” she said.
Despite repeatedly contacting management through emails, office visits, and phone calls, Bailey says her concerns were dismissed.
“I emailed them constantly, I went into the office, I called them… and they kept reassuring me it was not mold that it was mildew and condensation,” she said.
The situation escalated when Bailey’s 8-month-old niece, Legaci, whom she had been caring for since birth, was rushed to Texas Children’s Hospital.
“She was having breathing issues… we found out she had double pneumonia,” Bailey said.
Only after the child’s hospitalization did apartment management agree to test for mold, Bailey claims, though she says they initially refused to share the results.
“They told us it was confidential,” she said.
Bailey says she eventually received the apartment’s mold report but also hired her own inspector, whose findings were alarming.
“The guy we hired told me that the mold score should not go over 111 and our reading said 10,000,” Bailey said. The inspector’s assessment was devastating: “His words exactly was that it was a mold cocktail… there were so many different molds in that unit and that it was completely toxic.”
Shortly after her niece’s hospitalization, Bailey herself says she was admitted to the ICU for five days.
“I have double pneumonia, I had a staff infection, I had a kidney injury,” she said. The long-term consequences for both Bailey and her niece are severe: “My lungs and Legaci’s lungs were damaged… we have permanent scarring.”
Bailey’s brother, Cliff Jackson, who is Legaci’s father, recently spoke at Houston City Council, in support of efforts to hold landlords more accountable, saying he wants action taken “so other kids and other families won’t have to go through what we went through.”
The apartment complex and its representatives have strongly denied the allegations. In a letter sent before the lawsuit was filed, the property owner’s law firm argued that the complex responded appropriately and instead blamed Bailey for delaying repairs and housing an “unauthorized occupant” – her niece.
The letter states: “At no time did (Bailey) or anyone else provide any prior notice of visible mold.” It claims Bailey didn’t request a mold test until after the child was hospitalized and failed to give timely access for maintenance. The property’s attorneys called the claims “vague,” “unsupported by evidence,” and “contrary to Texas law and the lease terms.”
Indio Partners, which manages the property, provided a separate statement saying: “The building remains fully committed to maintaining a clean, healthy, and welcoming environment for all residents. The allegations in the lawsuit are not true, but we cannot comment further as the matter appears to be in active litigation.”
When KHOU 11 visited the Reserve at Westwood’s leasing office, the property manager on site declined to comment. The apartment owner has not yet filed a formal response in court, and attempts to speak with the attorney representing the apartment’s owner have been unsuccessful.
For Bailey, who describes her niece as “my little bestie,” the legal battle represents more than just seeking compensation – it’s about preventing other families from experiencing similar health crises due to allegedly unsafe living conditions.