A woman accused of pushing her husband out of a window to his death has filed a wrongful death lawsuit against the apartment complex where it happened.
Amber Hilberling is charged with her husband’s death. He died in June of 2011 after falling from their 25th floor apartment at the University Club Towers. She was seven months pregnant at the time.
Prosecutors allege Amber Hilberling pushed her husband to his death. The wrongful death suit filed by Hilberling alleges Josh Hilberling tripped and stumbled into the window and fell to his death.
The lawsuit claims the window in the apartment was made of single pane glass that violated building codes and safety standards and could be broken with a minimum of pressure.
Hilberling's attorney, Jasen Corns released this statement about the lawsuit:
"This was a window as large as a dining room table and as thin as a napkin. It was dangerously unsafe and had no business in a 25th floor living room. Had the window been reasonably safe, Amber would not be a widow and her child would have a father."
The lawsuit alleges the defendants, University Club Tower, University Mansion Limited Partnership and Realty Management, should have known the window was unsafe and should have installed safety glass.
The lawsuit asks for actual damages of $10,000 and damages for pain and suffering, grief, loss of earnings and household contributions, loss of consortium, companionship and punitive damages for both Amber Hilberling and the couple’s child.
Hilberling's bond was revoked in January after she she violated the terms of her pre-trial release by twice testing positive for marijuana. Amber Hilberling’s trial is scheduled for March.