The family of the 26-year-old killed in July's stair collapse at a Folsom apartment complex filed a negligent death complaint against the property managers and their partners.
On July 3, Shun Xiang Yuan, also known as "Chris Yuan" was visiting his friend at the Legends at Willow Creek Apartments on South Lexington in Folsom. As he climbed up a concrete staircase to the third floor, the stairs collapsed and he fell two and a half stories to his death.
"Still haven't fixed the problem," Brett Falco said.
Falco lives in the same building where the stair collapse killed Yuan. He says the property managers have been promising to shore up and secure all the staircases on the property for four months but many, including his own, are still not completed.
"I would sue. But that's just me," neighbor Trevor McVey said.
The negligent death complaint alleges the complex's owner/operators Gerson, Bakar & Associates, as well as their development partners, knew it was highly probable that harm including death could occur to people accessing the stairway in Building 8.
It claims the companies knew about a dry rot issue on the property after a previous stair collapse in 2014, but failed to make repairs.
It also claims the companies recklessly disregarded unsafe conditions and failed to comply with building codes.
"We heard action was gonna be taken," Falco said.
"We talked to the family, too. They came over and asked us about the stair issues and what not. It was tough," McVey said.
Falco and McVey were in the process of moving out of their apartment Tuesday night. They told FOX40 they were moving because their stairs still had not been fixed.
The spokesperson for Gerson, Bakar & Associates told FOX40 they were reviewing the lawsuit and holding off on making a comment until they had time to go through it all.
The Yuan family is seeking all wrongful death and survival damages permitted by law, as well as damages for emotional distress.