HOUSTON – A Harris County man has filed a lawsuit against Wal-Mart Stores Texas LLC after an alleged fall two years ago at its Spring store.

Charles Clark initiated legal action against the business in Harris County District Court on Aug. 12.

The case was removed to the Houston Division of the Southern District of Texas on Oct. 4.

Court papers show Clark was shopping at the store in question on Aug. 27, 2011, when he reportedly stepped on “a slippery liquid from a broken bottle that was on the floor.”

“Mr. Clark fell forward injuring his right knee and shoulder,” the suit says.

It adds Wal-Mart allegedly allowed the floor to become slippery and kept the condition as is despite the likelihood it could injure someone.

The defendant is blamed for:

• Failing to properly inspect and maintain the flooring area in question to discover the dangerous condition;
• Failing to maintain the floor in a reasonably safe condition;
• Failing to give adequate and understandable warnings to the plaintiff of the unsafe condition of the flooring area;
• Failing to give warnings to the plaintiff of the unsafe condition;
• Failing to remove the sticky substance causing the slip-and-fall; and
• Failing to discover and remove the sticky substance within the reasonable time.

A jury trial is requested.

Attorney John J. Kahn Jr. of The Kahn Law Firm PC in Pearland is representing Clark.

Case No. 4:13-CV-2932

GALVESTON - Following an apparent back injury he sustained while moving valves on a vessel a few months ago, Louisiana resident Donald Broussard has filed a lawsuit.

Recent court documents filed Oct. 3 in the Galveston Division of the Southern District of Texas claim that ENI US Operating Co. Inc. is responsible for the event in question last June 29.

Arnold

Broussard, who is employed by Wood Group, was assigned to work aboard the ENI EW 921A-Morpeth East.

He says James Guildy, a supervisor with the respondent, tasked him with moving the aforementioned valves.

“Despite the valves weighing over 50 lbs., Guildy instructed the plaintiff to physically move them on his own without either mechanical or manual assistance from another individual,” the original petition says.

“Consequently, the plaintiff injured his lower back.”

Broussard further mentions he “has already undergone emergency low back surgery, and his doctor is recommending yet another corrective low back surgery.”

ENI is faulted for:

• Failing to train their employees;
• Failing to inspect, maintain and repair equipment;
• Failing to maintain a safe work environment;
• Failing to provide appropriate medical attention;
• Failing to warn the plaintiff of dangers hidden aboard the EW 921A-Morpeth East; and
• Vicarious liability for its employee’s negligent operation of the crane.

A jury trial is requested.

Attorney Kurt B. Arnold of Arnold & Itkin LLP in Houston is representing Broussard.

Case No. 3:13-CV-349

GALVESTON – The trial into an alleged toxic event in 2010 at what was then BP’s Texas City refinery could be over any day now.

After hearing closing arguments from plaintiffs’ attorney Tony Buzbee and defense attorneys Damond R. Mace and Kenneth Tekell, the jury of four men and eight women began the deliberation process the evening of Oct. 7.

Jurors must determine whether the first four plaintiffs of the so-called “test” trial are to be compensated for a reported six-week long chemical leak which followed the failure of the hydrogen compressor in the refinery’s ultracracker unit on April 6, 2010. Thousands of residents and workers have filed suit over the emissions event. The outcome of this trial will establish how the other plaintiffs’ cases will proceed.

Among the issues the jury must consider is whether the emission is a form of assault and if it was the result of negligence.

Buzbee

Buzbee argued Monday that BP deserves to be “punished” for being the “worst polluter in the U.S.”, reemphasizing his charge that the defendant viewed profits as a priority.

Insisting he is not attacking the oil and gas industry, Buzbee labeled BP’s actions as “an outline of bad corporate acting.”

There is no other company as bad as BP, he stressed.

Mace fired back at the allegations, asserting “there are no unusual” levels of chemical exposure at the time of the release.

Mace

He countered that the levels were higher before and after the period in question, calling the reported symptoms the claimants suffered into question.

According to Mace, the four alleged victims lived in the Texas City-La Marque area for years without complaint, saying their case is not backed by scientific facts nor common sense.

Tekell followed his teammate uttering a phrase based on that made famous by late celebrity attorney Johnny Cochran in the O.J. Simpson murder trial: “If the pieces do not fit, you must acquit.”

He said BP has credible “written” evidence to absolve it, insinuating Buzbee and his clients tossed the word “liar” many times to no avail.

Tekell

Acknowledging his final statements could be his last as an attorney, the 75-year-old Tekell thanked presiding judge Lonnie Cox, jurors, BP’s legal team and Buzbee.

“This is the best trial I have ever participated in,” he said.

GALVESTON – Claiming he suffered injuries from slipping on a ship he was assigned to, Harris County resident Andrew F. Crist III seeks damages.

Crist is suing Solstad Shipping AS, Solstad Offshore ASA and Solstad Rederi AS in the Galveston Division of the Southern District of Texas.

Spagnoletti

The lawsuit filed Oct. 4 shows that the plaintiff, employed as a sub-engineer, informed the defendants about an unsafe condition in the area of the launch and recovery system for the subsea remotely operated vehicle on the CSV Normand Flower.

“One one side of the LARS there was plastic grating applied on top of the vessel’s deck, which allowed water, oil and other residue to fall below the walking surface of said grating,” the original petition says.

“On the other side of the LARS there was no such grating, just the metal deck of the vessel, which allowed water, oil and other residue to collect on the walking surface.”

It adds the complainant told the respondents “the area that lacked the plastic grating was unreasonably dangerous due to the accumulation of oil on the deck” to which the latter “knowingly” disregarded.

Solstad instructed Crist to wash around the LARS on Oct. 17, 2011.

“In the process of washing around the LARS, he slipped and fell on the oil that had accumulated on the metal decking, as he was attempting to powerwash the area as instructed,” the suit says.

“Both of the plaintiff’s feet slipped out from under him, and he landed with his back striking a metal saw horse that was sitting atop the LARS.”

Attorney Francis I. Spagnoletti of Spagnoletti & Co. in Houston is presiding over the litigation.

Case No. 3:13-CV-352

HOUSTON – The Houston Independent School District has been sued by a former student over an alleged assault at one of its schools four years ago, recent court documents say.

Isaac Phillips, 20, filed a lawsuit against HISD in Harris County District Court on Oct. 26, 2012.

Houston federal court received the case on Oct. 4.

Phillips alleges that he was a sophomore at Jack Yates High School in March 2009 when an unknown individual attacked him as he was dressing for gym class.

“On that occasion, and without provocation, John Doe approached Phillips from behind while both students were in the boys locker room,” the suit says.

“John Doe stabbed Phillips twice in the torso with a switchblade knife, causing Phillips severe physical pain and mental anguish.”

The plaintiffs adds that he required emergency medical attention.

According to the suit, the purported assailant, who reportedly still attends Yates, was on disciplinary suspension and banned from physical entry onto school property at the time of the subject event.

HISD Superintendent Terry Grier, HISD Board President Anna Eastman, Yates principal Marla McNeal-Sheppard, former Yates principal Ronald Mumphery and Doe join the school district as co-defendants.

A jury trial is requested.

Phillips is representing himself.

Case No. 4:13-CV-2935

GALVESTON – Friendswood local Kathleen Benson says she sustained an eye injury last year while working in her front yard and blames it on a Houston contractor.

According to a lawsuit filed Oct. 4 in Galveston County District Court, Dennie Jefferson Teer left behind pieces of concrete on the ground after installing a fence at Benson’s property in October 2011.

Sorells

While the plaintiff was mowing her lawn on March 26, 2012, the suit says, she ran over a hidden piece of concrete left on the premises by the defendant, which was ejected from the lawnmower and into her eye.

“The defendant intentionally and voluntarily caused an unauthorized entry of pieces of concrete onto the real property owned by the plaintiff,” the original petition says.

It also faults the respondent, doing business as The Fence, Deck and Patio Co., for failing to warn Benson as well as failing to remove the concrete.

Consequently, the claimant seeks unspecified monetary damages.

Benson is represented by attorney Randall O. Sorrels of Abraham, Watkins, Nichols, Sorrels, Agosto & Friend in Houston.

The litigation has been assigned to Galveston County 10th District Court Judge Kerry L. Neves.

Case No. 13-CV-1280

HOUSTON – An excessive dose of medicine caused a Harris County woman to fall, according to court papers.

Blaming the incident on Wal-Mart Stores Inc., Rosario Gomez filed a lawsuit in Harris County District Court on July 19.

The suit was removed to the Houston Division of the Southern District of Texas on Oct. 4.

Gomez was prescribed 300 mg of amitriptyline on Nov. 9, 2011.

She subsequently took the prescription to the defendant’s store located at 2727 Dunvale Road.

When the plaintiff went to pick the medication up, the suit says, the respondent did not counsel her, rather, “gave her 150 mg pills.”

Instructions on the bottle instructed her to take two tablets by mouth at bedtime.

“After taking the medication as filled, the plaintiff became ill, fell and suffered serious injury,” the suit says.

“The plaintiff’s illness was caused by the excessive dose of amitriptyline negligently provided by Wal-Mart.”

Consequently, Gomez seeks $101,000 in damages.

Attorney Christopher Bradshaw-Hull is representing the complainant.

Case No. 4:13-CV-2938

GALVESTON – The jury in the trial focusing on a 2010 toxic release at what was then BP’s Texas City refinery reached a verdict shortly before noon Oct. 10 after two full days of deliberation. 

They did agree that BP’s negligence caused the emissions event that lasted 40 days in April and May 2010; however, they did not find that negligence caused the alleged suffering of the three plaintiffs.

According to the verdict, plaintiffs Jerald Ford, 46; Mary Knight; 53, and Libby Soriano, 61; received no damages for the health problems for which they sued the petrochemical company.

A fourth complainant was dismissed before both sides delivered closing arguments after he failed to demonstrate his claim.

Tekell

About 50,000 residents and workers have filed suit over the six-week long emissions event, which was linked to the failure of the hydrogen compressor in the refinery’s ultracracker unit on April 6, 2010.

The outcome of this trial, which began Sept. 11, will establish how the other plaintiffs’ cases will proceed in Galveston County 56th District Court, where Judge Lonnie Cox is presiding over the litigation.

Damond Mace of international firm Squires Sanders and Kenneth Tekell Sr. of Houston’s Tekell, Book, Allen & Morris LLP led BP’s representation in court.

Mace

Lead plaintiffs’ attorney Tony Buzbee, who accused BP of prioritizing profits over people, said the verdict “surprised” him, but is looking forward to trying the other so-called “test” cases.

“This was only the first one of several test cases,” Buzbee said.

“We learned some things. We will gear up and try another one in a couple of months.”

Scott Dean, a BP spokesperson, said the verdict “affirms BP’s view that no one suffered any injury as a result of the flaring of the BP Ultracracker flare during April and May 2010.”

Buzbee

“Armed with the knowledge gleaned from this case and this important jury verdict, the company will immediately begin to prepare for any additional proceedings involving other plaintiffs,” Dean said.

GALVESTON – An alleged emission event at Marathon Petroleum Co. LP’s Texas City refinery over the summer has triggered another lawsuit, recent court papers say.

Nemesis Bluewater Inc. and local residents Joe Pawlikowski and Thomas Patillo are suing Marathon over the June 7 event, which was reported to have lasted 11 hours.

Their lawsuit, filed Oct. 11 in Galveston County District Court, echoes the claims filed by attorney Tony Buzbee of The Buzbee Law Firm in Houston a week after the incident.

Like the previous plaintiffs, Patillo, Pawlikowski and Nemesis explain that the refinery, which Marathon purchased from BP for $2.4 billion earlier this year, released various toxic chemicals into the air and caused its operations to shut down in the early morning hours of June 7.

The refinery was also the site of an emissions event in 2010 that lasted 40 days. Thousands of residents who lived and worked near the Texas City refinery when it was owned by BP sued the company. In a recent “test” trial involving four plaintiffs represented by Buzbee, a Galveston jury found that BP did not harm the local residents.

In the suit against Marathon, it is believed that a pipe sheared apart at the refinery’s fluid catalytic cracking unit, prompting the “uncontrollable” release of slurry, gasoline and other petrochemical products.

Patillo, Pawlikowski and Nemesis assert their property in Tiki Island “was covered in a tarry brown substance, which in many instances ate into and pitted the paint, varnish, metal, plastic and vinyl surfaces of their boats, homes, vehicles and other property.”

Ramey

“The defendant failed to warn the plaintiffs or the public about the release,” the original petition says.

“As a result, the plaintiffs and their property were and remained exposed to these hazardous materials.”

Marathon supposedly promised to “evaluate the damage and after inspection agreed to repair the damages, but has failed to honor and repudiated its agreement.”

Consequently, the claimants seek unspecified monetary damages and a jury trial.

They are represented by attorney C.B. Ramey of The Kilburn Law Firm PLLC in Houston.

The litigation has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 13-CV-1306

GALVESTON – A Louisiana man claims he was the victim of an apparent slip-and-fall on a ship to which he was assigned, recent court papers say.

Erick Williams blames the Oct. 15, 2012, incident in question on Adriatic Marine LLC in a lawsuit filed Oct. 15 in the Galveston Division of the Southern District of Texas.

Williams, an employee of Offshore Services of Acadiana, was working as a cook aboard the Mediterranean, a vessel belonging to the defendant, at the time of the event.

According to the suit, the Mediterranean embarked on the waters off Sabine Pass when Williams “slipped and fell on the deck of the vessel.”

The original petition states that the deck was wet and did not have a non-skid surface, accusing the respondent of “commencing a voyage into rough seas and high winds.”

It additionally faults the company for:

• Failing to properly inspect, service, maintain and/or repair the vessel decking;
• Failing to have in place sufficient and appropriate company policies to ensure safe operation and maintenance of the Mediterranean;
• Failing to comply with certain safety standards, statutes, and regulations designed to prevent incidents of this sort;
• Failing to cure the cause of the water collecting on the deck of the vessel; and
• Failing to provide an adequate non-skid surface, knowing that the deck of the vessel would be exposed to water from rough seas and winds it was sailing into.

Consequently, Williams seeks unspecified monetary damages.

He is represented by attorney Marc Evan Kutner of Spagnoletti & Co. in Houston.

Case No. 3:13-CV-369

HOUSTON – Houston resident Maria Luisa Rodriguez is seeking damages from Wal-Mart Stores Texas, L.L.C. following an apparent slip-and-fall at one of its stores in north Houston back in August 2011.

Rodriguez initiated legal action against the discount retailer in Harris County District Court last August.

Houston federal court received the lawsuit on Oct. 10.

Court papers show that the plaintiff slipped on water next to several cash registers at the front of the store located at 10411 North Freeway.

She subsequently notified an employee, who then wrote an incident report and took pictures of the area.

“The spilled water on the floor created a foreseeable risk that a customer in the store would slip on the water and fall,” the suit says.

Wal-Mart is blamed for:

• Failing to inspect;
• Failing to make the condition reasonably safe; and
• Failing to adequately warn the plaintiff.

Consequently, Rodriguez seeks unspecified monetary damages.

She is represented by attorney Corey S. Gomel of Gomel & Associates, P.C. in Houston.

Case No. 4:13-CV-2989

GALVESTON – Complaining he was dropped from a personnel basket while working on a ship in the Gulf of Mexico last year, Louisiana resident Keith P. Thompson seeks damages.

A lawsuit filed Oct. 15 in the Galveston Division of the Southern District of Texas shows the subject event occurred on a ship belonging to REC Marine Logistics, LLC and caused by an employee of Gulf Crane Services Inc.

Kutner

Thompson performed as a rigger on behalf of Fab-Con, Inc. aboard the M/V Dip on Oct. 15, 2012, when he was being transferred via the aforementioned basket from the vessel to a platform.

According to recent court documents, the crane operator “imprudently lifted the personnel basket when the boom was not in proper position to make the lift, and slammed the personnel basket into the railing of the deck of the vessel,” causing Thompson to fall onto the ship below.

The defendants are blamed for their workers failing to adequately communicate with each other.

Consequently, the complainant seeks unspecified monetary damages and a jury trial.

He is represented by attorney Marc Evan Kutner of Spagnoletti & Co. in Houston.

Case No. 3:13-CV-370

GALVESTON – Harris County residents Luke Cash and Ami Gallagher brought a lawsuit against Carnival Corp. in response to the disaster which befell the Triumph earlier this year.

Recent court documents filed Oct. 17 in the Galveston Division of the Southern District of Texas claim Cash and Gallagher were among 4,000 passengers and crew stranded in the Gulf of Mexico from Feb. 10 to 14 after a fire in the engine room knocked out power on the cruise ship.

Loyd

The suit is the first pertaining to the Triumph debacle to be filed in Galveston federal court.

A Collin County woman sued Carnival in Galveston County District Court about a week following the incident, but non-suited the defendant over the summer.

Cash and Gallagher boarded the Triumph in Galveston on Feb. 7 for what was supposed to be their wedding and subsequent celebration in Mexico and aboard the vessel.

Joining them were “much of” their wedding party and relatives, the suit states.

According to the suit, the Triumph was located some 150 miles off Mexico’s Yucatan Peninsula on Feb. 10 when the aforementioned fire left the ship adrift without its primary power source.

As alleged in many lawsuits filed against Carnival throughout the Gulf Coast in response to the subject event, the couple asserts that they “were forced to endure deplorable, unsafe and unsanitary conditions, including but not limited to, sweltering temperatures, lack of power and air conditioning, lack of hot or running water, and lack of working toilets.”

As it returns to port in Alabama, the deck of the Carnival Triumph is covered in makeshift tents after drifting without power for five days.

“The plaintiffs feared for their lives and the lives of their friends and family members on board as they were under constant threat of contracting serious illness by the raw sewage filling the vessel,” the suit says.

Tug boats eventually arrived to help haul the crippled Triumph to a port in Mobile, Ala., it further explains, and the towing process caused “human waste to spill out of non-functioning toilets, flood across the vessel’s floors and halls, and drip down the vessel’s walls.”

Cash and Gallagher add that they “were forced to endure intolerable odors and wade through human feces in order to reach food lines where the wait lasted hours, only to receive rations of spoiled food.”

A jury trial is requested.

Attorney John Bruster Loyd of Jones, Gillaspia & Loyd, L.L.P. in Houston is representing the claimants.

Case No. 3:13-CV-374

HOUSTON – A Katy woman is suing Home Depot U.S.A. Inc. after an object allegedly fell on her at one of its stores.

Asserting the incident occurred at a Home Depot in her city, Carol Penn launched the litigation in Harris County District Court in August.

The lawsuit was removed to the Houston Division of the Southern District of Texas on Oct. 18.

Penn was at the business in question on Aug. 24, 2011, looking at large rugs that were on display when a large rolled rug “fell on the plaintiff’s neck and back from the shelving,” court documents say.

According to the suit, the large rolled rugs were not secured to the shelving to prevent them from toppling on top of customers.

“Such condition constituted an unreasonably dangerous condition of which the defendant actually knew or should have known pursuant to a reasonable inspection of its premises,” it says.

“The defendant knew or should have known of the unreasonably dangerous condition posed by the unsecured large rolled rugs and debris accumulated behind the rugs on the shelving.”

Home Depot is faulted for:

• Failing to maintain the common area in a reasonably safe condition;
• Failing to inspect the premises where the dangerous condition existed;
• Failing to correct the condition by taking reasonable measures to safeguard persons who entered the premises; and
• Failing to warn the plaintiff of the dangerous condition existing on the premises.

Consequently, Penn seeks no more than $74,500 in damages and a jury trial.

She is represented by attorney Roger A. Sullivan of Smith & Hassler in Houston.

Case No. 4:13-CV-3083

GALVESTON – The first Carnival Triumph lawsuit filed in Galveston federal court was revised to say the plaintiffs were not actually on board the vessel when it became stranded in the Gulf of Mexico last February.

Instead, the amended petition filed Oct. 22 states, the ship’s alleged incapacitation caused plaintiffs and Harris County residents Luke Cash and Ami Gallagher “numerous financial and emotional problems.”

Court papers explain that Cash and Gallagher were supposed to leave Galveston for Cozumel, Mexico, where they planned to be married, aboard the Triumph on Feb. 11.

The vessel, which left Galveston for a cruise to Mexico on Feb. 7, experienced a fire in its engine room three days later that disabled its power while it was located some 150 miles off Mexico’s Yucatan Peninsula.

More than 4,000 passengers and crew were left stranded.

While the disabled ship floated in the Gulf of Mexico, Cash and Gallagher say they received an email from Carnival the afternoon of Feb. 10, less than 24 hours before they were to go on their trip, stating there had been problems with the Triumph, but “we ask guests not to change their travel plans until our next update.”

“This statement left Plaintiffs and their large party of family and friends absolutely no time or ability to make alternative transportation plans,” the suit says.

Loyd

“Most of the party had already traveled extensively to the Port of Galveston to participate in this once in a lifetime occasion.”

The suit adds the couple received a notice of cancellation later that evening and say they tried to acquire information from Carnival to no avail.

Plaintiffs claim they overheard a Carnival agent remark, “These f***ing people are driving me crazy,” at the end of what was their third phone call to the company.

Though Cash and Gallagher spent a lot of money for the wedding, the suit says, “the biggest cost of all was the loss of their meticulously planned dream wedding” as they had “weathered much and had waited 10 long years for the perfect time and perfect place to hold this event.”

“After learning the history of the vessel’s history or unreliability, and the series of problems plaguing the entire fleet of the defendant as recently as the day of their planned departure, the plaintiffs realized they could not have chosen a less dependable company to transport them,” it says.

They are represented by John Bruster Loyd of Jones, Gillaspia & Loyd LLP in Houston.

Case No. 3:13-CV-374

GALVESTON – Texas City local Susan Martinez alleges her son was a victim of a pair of dog attacks, recent court documents say.

A lawsuit filed Oct. 23 in Galveston County District Court claims the dog in question belong to Joel and Denise Morris, also of Texas City.

It shows the first attack occurred last Feb. 19 when the boy, who is also a plaintiff in the litigation, was playing on a public sidewalk near his home.

His mother subsequently reported the incident to the Texas City Police Department.

The suit further asserts the canine went after her son again on June 7, stating it assaulted him as he walked across the street from its owners’ residence.

According to the elder Martinez, the child suffered “severe” bites and “extreme” mental anguish, which generated medical bills for her.

As possessors of the dog, the original petition says, the Morrises “knew or should have known that their dog was dangerous, the dog made an unprovoked attack on (the boy) at a location other than a secure enclosure and the attack caused serious bodily injury.”

Consequently, the plaintiffs seek unspecified monetary damages.

They are represented by attorney J. Daniel Wilson of Hildebrand & Wilson LLP in Pearland.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 13-CV-1353

HOUSTON – A Houston woman has pursued legal action against Wal-Mart Stores Texas LLC following an alleged slip-and-fall last year at one of its Fort Bend County stores.

Belinda Hart sued the discount retailer in Harris County District Court in late August.

The lawsuit was removed to the Houston Division of the Southern District of Texas on Oct. 11.

Hart was attempting to check out at the business in Stafford prior to the event in question when she stepped out of line to go to the restroom.

After having a friend secure her spot in the lane, court documents say, the plaintiff headed toward the women’s facilities and “slipped and fell in a puddle of a dangerous substance leaking from a soft drink machine/fridge.”

The suit claims said puddle was there for a long time since a worker stocking the fridge “previously fell in the same dangerous substance,” adding the worker failed to warn.

Wal-Mart is additionally faulted for:

• Failing to maintain the common area in a reasonably safe condition;
• Failing to inspect the premises where the dangerous condition existed; and
• Failing to correct the condition by taking reasonable measure to safeguard persons who entered the premises.

A jury trial is requested.

Attorney Roger A. Sullivan of Smith & Hassler in Houston is representing the claimant.

Case No. 4:13-CV-3007

GALVESTON – A Texas City couple initiated legal action against Grand Transportation Service Inc. after the husband sustained injuries while disembarking from one of its vehicles.

In a lawsuit filed Oct. 11 in Galveston County District Court, Ruben Yoakum Sr. and his wife, Edna, blame the defendant, doing business as Sam’s Limousine and Transportation, for the incident in question which occurred March 16, 2012, in the parking lot of the New Hope Baptist Church in La Marque.

The couple was headed to Alabama for a church meeting with other congregation members.

The respondent’s charter bus arrived at the church, but “became stuck” after the plaintiffs and others came aboard.

According to the suit, the bus driver then instructed the passengers they would have to disembark the bus in order to extricate the vehicle, prompting the subject event.

“While in the process of disembarking the passengers the bus driver made a sudden and unannounced movement of the bus causing the plaintiff, Ruben Yoakum Sr. to fall forward injuring his right arm and shoulder,” the original petition says.

The suit further asserts Ruben Yoakum Sr., then 78, suffered “a tear of his rotator cuff,” and because of his advanced age, could not undergo surgery.

It blames the defendant for:

• Failing to allow all the passengers off the bus before beginning any type of movement of the vehicle;
• Failing to warn the passengers that the bus was about to make a movement;
• Allowing the bus to become stuck due to improper handling of the vehicle; and
• Failing to provide a skilled bus driver for the charter trip.

Consequently, the claimants seek $100,000 and a jury trial.

Attorney Gregory W. Allen of Houston is representing the Yoakums, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the litigation.

Case No. 13-CV-1304

GALVESTON – A late 2012 lawsuit over a dog attack came to a close in favor of the defendant, according to recent court records.

Galveston County 10th District Court Judge Kerry L. Neves issued an order Oct. 18 ruling a judgment “will be rendered” for Debra Wyatt.

The move comes on the heels of a bench trial in which Wyatt and plaintiff Deanna Wright were present.

As previously reported, Wright sued Wyatt on Nov. 30, 2012, after Wyatt’s dogs attacked her near the defendant’s Santa Fe home on Nov. 12, 2011.

Wright claimed the group of canines were left unsupervised and without leashes, asserting the dogs knocked her to the ground and inflicted damage to her general body.

Wyatt formerly countered the allegations earlier this year.

Said order requires Wyatt’s counsel to “prepare and circulate a proposed judgment to be submitted to the court by Nov. 15.”

A proposed final judgment order submitted Oct. 24 states that Wright take nothing and all court costs are adjudged against her.

Attorney Zandra Anderson of Houston represented Wyatt.

Case No. 12-CV-2976

GALVESTON – Alleging his son was injured during a birthday celebration at a Kemah gymnastics center a few months ago, League City local Billy Oubre seeks at least $150,000 in restitution.

A lawsuit filed Oct. 25 in Galveston County District Court blames the Aug. 3 incident in question on Acrofit Gymnastics Houston Inc. and John David “Trey” Garr III, also of League City.

Garr’s father hosted the event of which Oubre’s son was an attendee, according to the suit.

The party comprised of “a bunch of 3-year-olds and other children that range in that age group,” who were entertained by the facility’s trampolines and moonwalks.

Recent court papers show that sometime during the celebration, Garr, 20, got onto a trampoline to jump with the children, stating he was immediately to stop as it was “dangerous.”

He followed the staff’s instructions only to go back on the trampoline – an instance which purportedly repeated itself – until he jumped near the younger Oubre and caused the trampoline fabric/material to come up on the child’s leg “with such force that it broke (his) tibia,” the suit says.

The boy was taken to an unspecified University of Texas Medical Branch facility.

Acrofit is faulted for failing to take any measures to ensure Garr did not use the trampoline at the same time as the children.

A jury trial is requested.

Attorney Jose Luis Orihuela of Orihuela & Associates PLLC in League City is representing the Oubres, and Galveston County 122nd District Court Judge John Ellisor is presiding over the litigation.

Case No. 13-CV-1356