HOUSTON — A lawsuit claims a former resident at Brookdale Memorial City, a senior residential community, was injured after he fell at his apartment and then an employee fell atop of him while trying to assist him.
Seeking more than $1 million in damages, Wael Elsendyouney, representing the estate of Fathy Elsendyouney, filed suit against Brookdale on Aug. 28 in Harris County District Court.
According to the lawsuit, on Sept. 13, 2024, Fathy was a resident at Brookdale when fell in his apartment.
“As staff from Brookdale Memorial City came into the room to assist him, one or more employees… fell on top of Mr. Elsendyouney,” the suit states. “By negligently falling on top of him, (the employees) caused an acute fracture to Mr. Elsendyouney’s left femoral neck up to his hip. This required a total hip replacement of Mr. Elsendyouney’s left hip.”
The plaintiff alleges that as a result of the defendants’ negligence, Elsendyouney suffered severe and debilitating injuries, extensive medical treatment, rehabilitation, and numerous other medical complications and damages.
“Unfortunately, Mr. Elsendyouney’s health rapidly declined following the injury and surgery, and Mr. Elsendyouney passed away on January 1, 2026,” the suit states. “It is Plaintiff’s contention that Mr. Elsendyouney’s death was caused by the (negligent) acts … of the staff at Brookdale Memorial City and resulting injuries, from which he never recovered.”
The plaintiff alleges the defendants’ were negligent for falling onto Elsendyouney and breaking his hip and negligently failed to provide adequate assistance.
Elsendyouney’s son is suing for damages on Elsendyouney’s behalf, including his father’s pain, mental anguish, suffering, impairment, discomfort, disfigurement and distress.
The plaintiff is also seeking wrongful death damages, including loss of companionship, mental anguish and pecuniary loss.”
Attorneys Michael Tilton and Ryne Bazan of the Tilton & Tilton law firm in Houston represent the plaintiff.
Case No. 2026-62535
