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The family of one of Dwight Howard’s baby mamas has filed a wrongful death lawsuit claiming that a broken toilet led to her untimely demise.

Melissa Rios’ son and his grandmother is suing a Calabasas apartment rental company claiming she slipped on water from a broken toilet, causing her death.

Melissa was only 31 when she passed away on March 27, 2020 leaving behind her 6-year-old son, David, who was staying with his NBA star father in Atlanta, Georgia when she died.

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According to legal documents, obtained by The Blast, Dwight and Melissa’s son, David, is suing alongside his grandmother, Edelmira Vega Rios for wrongful death claiming the company ignored serious plumbing issues inside his late mother’s apartment.

The plaintiffs blame the property management company, ASN Calabasas for not repairing a broken toilet in her apartment which caused “dangerous conditions” and other factors leading to her death.

“These factors include but are not limited to, the following: A dangerously broken and/or deteriorating toilet and/or hose and/or a supply line or similar toilet plumbing component that was not properly installed, maintained, cleaned and/or protected at said property causing [Melissa] to sustain injuries,” the lawsuit reads.

Previous reports claimed Melissa’s death was the result of an epileptic seizure at home. A copy of Melissa’s death certificate is attached to the lawsuit, and lists the cause of death as “deferred.”

In 2020, the Los Angeles Lakers star addressed the tragic death of Rios, saying, “I’ve had some things happen in my personal life that has been difficult to really handle. My son’s mom, she had passed away a month and a half ago and it’s extremely difficult for me to try to understand how to talk to my son, who’s 6 years old, just about the whole situation.”

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Interestingly, Edelmira filed a motion asking a court to order Howard to give her visitation rights after her daughter died. Some states recognize grandparents’ rights to see their grandchild.

Edelmira said she was the primary caregiver for David since his birth, and wanted to see him on a regular basis.

David is in the custody of his father, Dwight Howard, who has at least 5 children by five women.