Homeowner says he has no responsibility in death

A Tucumcari homeowner who is the subject of a wrongful-death lawsuit stated in a recent court filing he wasn’t home at the time of the accident and that the deceased man may have been intoxicated when he fell from his home’s roof.

Daniel V. Evans, whose home is in the 1000 block of South Rock Island Street in Tucumcari, on Oct. 22 represented himself in the court filing in answering the initial complaint about the death of Quay County resident David Dwayne Miller, 47, after he fell from the home’s roof last year.

Describing Smith’s death as “sad and unfortunate,” Evans stated he doesn’t know the cause of Smith’s death, nor was he present when the 20-foot fall occurred. Evans also stated Smith hadn’t been invited onto the property.

“Defendant believes based on the statements of other(s) who were believed to be present at the accident scene … that David Dwayne Smith was intoxicated at the time of his alleged accident,” Evans stated.

Evans maintained there is no evidence he has any responsibility for Smith’s death.

Nancy Crum, who resides in Van Zandt County, Texas, filed the wrongful-death suit Sept. 23 in Tucumcari District Court on behalf of Miller’s estate.

The initial suit stated Evans hired Miller on Nov. 4, 2019, to repair his home’s roof.

Crum, who requested a jury trial, asked for an amount from the court to compensate her for her losses and damages.

Attorney Milad K. Farah of Farah Law Group in El Paso, Texas, filed the lawsuit on Crum’s behalf.