Residents of Axel Brewers Hill apartment building file lawsuit after pool deck failure

CBS News Baltimore

BALTIMORE -- Two residents of Axel Hill Brewers Apartments have filed a proposed class action lawsuit against Brewers Hill Realty, the complex's owners, following a pool deck failure that forced an evacuation last Friday.

The lawsuit, filed in Baltimore, accuses the owners and other defendants of negligence and breach of contract. The plaintiffs are seeking undisclosed damages and an order allowing residents to terminate their leases.

"I looked at my phone, and it said get your cars out of the garage and get off the balcony. There's structural damage to the pool," Dawn Geller, a resident, said.

The four-year-old luxury complex was evacuated after the rooftop pool buckled. Residents waited outside for hours as engineers and fire crews assessed the damage.

The lawsuit claims that the defendants cannot simply fix the defects in the building. "You see movies with stuff like that, and you know, I wake up the next morning and this is happening. It's scary," Kim Robinson, a visiting resident, said.

While the pool was found to be completely displaced, an engineering firm hired by the building's owner determined that the main building's structure was not impacted.

"Although the pool shell has been lifted from its original position, both BECS (Building Envelope Consultants & Scientists) and the original Structural Engineer of Record (EOR) found no visible signs of damage to the primary structure where accessible," BECS Sr. Project Manager, Nicholas Palumbo, said.  

Brewer's Hill Realty stated, "We have taken swift action to secure the area, ensuring there is no risk to residents or visitors. Our team is actively working on a comprehensive repair plan, and we will continue to provide updates as more information becomes available."

The complex was deemed safe after the pool was drained and the building inspected, but some residents remain concerned.

"I'm a little nervous. I'm wondering what's going to happen," said Mary Ann Pastore, another resident.

WJZ reached out to Axel Hill Brewers for a statement regarding the lawsuit.

"After speaking with Ittay Mendelson, our Regional Director, we have not received legal notice from residents or their attorneys," said a spokesperson from Excelsior Communities. "If we do, we won't comment on pending legal action."

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