Homeowner issues more rebuttals in case

A Tucumcari homeowner who was sued after a man fell from his roof and died has issued more rebuttals in the case — including additional allegations the man was intoxicated and on his property illegally.

Daniel V. Evans, whose home is in the 1000 block of South Rock Island Street in Tucumcari, provided answers to the plaintiff’s set of interrogatories regarding the complaint filed about the death of Quay County resident David Dwayne Miller, 47, after he fell from the home’s roof in 2019.

Miller’s mother, Nancy Crum of Van Zandt County, Texas, filed a wrongful-death suit in September in Tucumcari District Court on behalf of her son’s estate. The suit claims Evans had hired Miller on Nov. 4, 2019, to repair his home’s roof.

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

In an April 27 filing, Evans claimed:

• He never hired Miller to work on his property “for any reason”;

• He never invited Miller onto his property;

• Miller had no designated tasks there;

• Miller acted negligently by “unlawfully entering Defendant’s property while intoxicated.”

Evans added in the filing that Miller “was always intoxicated whenever I encountered him,” and “there was a great possibility he was intoxicated the day he passed away.”

Evans stated he was at class when Miller fell off his home’s roof. He “returned to find out Miller had unlawfully entered the property, got on the roof and apparently fell off.”

Attorney Milad K. Farah of Farah Law Group in El Paso, Texas, filed the lawsuit on Crum’s behalf. According to online court records, Evans is representing himself in the case.