Mom Seeks Millions For Child's Death

By ED GALLEK, 19/43 News Reporter

CLEVELAND - A Cleveland woman says someone needs to pay for the death of her toddler. So she's filed a multi-million dollar lawsuit against her landlord.

Just 14-months-old, little Tyshon Bivens fell out of a third-story window and died. It happened last year. But now, his mother says that it's time for justice.

The child chased a ball through the family apartment. Then, he went out of a window, falling three stories down to the ground. Tyshon died with his mother at his side.

"He'd look at me, you know, he'd raise his arms for me to pick him up," said Tyshon's mother, Stella Bivens. "He looked at me, and I was looking at him, and his eyes rolled in the back of his head, and I knew he was gone."

It happened at East 86th Street and Wade Park Avenue. Stella says that she was home washing dishes. She blames the landlord for Tyshon's death because the windows had no screens.

"Well I feel it never should have happened if they had come and put the screens in when I first moved in, like I asked them to," Stella said.

Attorneys Craig Bashein and Chuck Gallo just filed suit against the landlord, Maliga Properties.

"We're talking about a tragedy that was preventable," said Bashein. "The building had several code violations, including the conditions of the windows, and they had received notice of these violations from the city and ignored them."

19/43 News found the landlord's phone had been disconnected, and the complex where Tyshon died had been boarded up.

With the landlord seemingly out of business, the question must be asked if it is even worth filing a lawsuit, and going after big bucks.

Stella's attorneys say it is. They believe that the landlord owns other properties, and uses different names.