Mother of Devin Page Jr. files wrongful death lawsuit
BATON ROUGE, La. (WAFB) - The mother of Devin Page Jr. has filed a wrongful death lawsuit after the three-year-old was shot and killed by a stray bullet on April 12, 2022, as he was sleeping in his home.
The lawsuit alleges that after each of multiple acts of violence near the home, Tye Toliver, the toddler’s mother, reported the incidents to the real estate company and requested to be moved to a different property or terminate the lease agreement. However, she claims her requests were denied.
The lawsuit was filed against two companies; Prudent Acquisitions L.L.C, a real estate company that managed property where the family lived, and ABC Insurance Company. ABC Insurance Company provided liability coverage to the real estate company at the time the shooting took place, according to the suit.
“It’s a tragic situation that probably could’ve been avoided,” attorney Michael Adams, from Decuir, Clark & Adams, LLP said.
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The lawsuit details that three weeks after Toliver moved into the home, a fight took place outside of the home, where guns could be seen and the police were called. She requested to be moved to a different property.
About one month later, in March of 2022, gunfire rang out again near the home, forcing Toliver and her young children to hide in a closet inside of the leased property.
The lawsuit states Toliver also reported the incident but a representative of that company would not allow her to terminate the lease and told her if she did break the lease, she would be reported to the credit bureau, which would not allow her to enter a different lease agreement.
On April 10 and 11, there were two other shooting incidents that occurred.
A representative of Prudent Acquisitions L.L.C. again denied Tolliver’s request, for a third time, to be moved or terminate the lease at the home on Fairfields Avenue, the lawsuit alleges.
After that third request to be moved to a different property, Devin Page, Jr. was shot and killed the very next day on April 12, according to the lawsuit.
“I said that… if me and my kids are not removed out of this house that one of us would end up being killed. Later that night, at 11:03 p.m., is when my son was murdered,” Tolliver said.
The lawsuit states that if the company had allowed Toliver to terminate the lease and move to a safer environment, her son would not have been shot to death.
The mother is seeking the following damages including, but not limited to:
- The decedent’s, Devin Page, Jr., pain prior to his death;
- The decedent’s, Devin Page, Jr., mental anguish and anxiety prior to his death;
- The decedent’s, Devin Page, Jr., scarring and disfigurement suffered prior to death;
- The decedent’s, Devin Page, Jr., funeral expenses;
- Plaintiffs’ loss of love, affection, social consortium and services;
- Plaintiffs’ mental anguish and anxiety;
- Plaintiffs’ loss of support;
- Plaintiffs’ medical expenses
- Plaintiffs’ loss of enjoyment of life; and
- Any other damages both general and special, which will be more fully proven at trial.
“There’s a responsibility that landlords must play if you’re going to take people’s money, enter a contract with them, and hold them to those contracts. They should be entitled to living in a safe place, live in a place where they can sleep at night, and where their children will be sleep,” Adams said. “We can’t do anything to bring that child back, but what we can do is make it better for others in the future.”
WAFB made attempts to reach a representative at Prudent Acquisitions L.L.C., but we were told to contact their attorney.
Several attempts were also made to speak with a representative at ABC Insurance Company.
Neither have responded to our requests as of Friday, Oct. 7.
Click here to read the full lawsuit.
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