Articles on this Page
- 02/25/13--11:15: _Harris Co. man file...
- 02/25/13--13:18: _Elderly woman sues ...
- 02/25/13--13:43: _Continuance granted...
- 02/25/13--15:53: _Lawsuit: Local man,...
- 02/26/13--09:36: _Parties in roofer’s...
- 03/04/13--15:54: _Safety gloves did n...
- 03/04/13--16:14: _Houston man files l...
- 03/14/13--10:50: _Passenger says airl...
- 03/14/13--11:09: _USPS fired mail car...
- 03/14/13--11:11: _Lufkin woman sues W...
- 03/18/13--08:28: _Local woman claims ...
- 03/18/13--08:35: _Manvel woman files ...
- 03/18/13--10:37: _Seaman says employe...
- 03/25/13--12:19: _Local man files sui...
- 03/26/13--07:32: _Local woman sues Pr...
- 04/01/13--13:05: _Litigation follows ...
- 04/01/13--13:07: _Man sues after part...
- 04/01/13--13:24: _Galveston head inju...
- 04/01/13--13:26: _Lawsuit: Pallets le...
- 04/01/13--17:35: _Austin couple sues ...
- 02/25/13--11:15: Harris Co. man files lawsuit after struck by part of cement truck
- 02/25/13--13:18: Elderly woman sues Wal-Mart for slip and fall at Kemah store
- Failing to properly inspect and maintain the flooring area in question;
- Failing to maintain the floor in a reasonably safe condition;
- Failing to give adequate and understandable warnings;
- Failing to remove the sticky substance; and
- Failing to discover and remove the sticky substance within a reasonable time.
- 02/25/13--13:43: Continuance granted in Harris Co. painter’s scaffold injury lawsuit
- 02/25/13--15:53: Lawsuit: Local man, son doused with gas from unattached hose
- 02/26/13--09:36: Parties in roofer’s injury lawsuit seek new trial date
- 03/04/13--16:14: Houston man files lawsuit after machine saws arm off
- Failing to provide a safe workplace;
- Failing to maintain its equipment in safe working condition;
- Failing to properly inspect the equipment in its facility;
- Failing to properly train its employees or hired contractors to avoid causing injuries to others on the job site, including the complainant; and
- Failing to adequately warn the plaintiff.
- 03/14/13--11:09: USPS fired mail carrier because of knee problems, lawsuit says
- 03/14/13--11:11: Lufkin woman sues Wal-Mart for slip and fall at Houston store
- 03/18/13--08:28: Local woman claims Santa Fe residents’ dog bit her, suit says
- Failing to maintain the store floor in a reasonably safe condition;
- Failing to inspect the premises where the dangerous condition existed; and
- Failing to warn the complainant.
- 03/18/13--10:37: Seaman says employer’s method of disembarking injured him
- 03/25/13--12:19: Local man files suit over injuries that left him in coma
- 03/26/13--07:32: Local woman sues Premiere Cinema after husband dies from head injury
- 04/01/13--13:05: Litigation follows man’s slip and fall at Houston FedEx facility
- Not properly maintaining the store warehouse garage;
- Failing to provide any warnings regarding the dangerous condition; and
- Failing to remove oil on the premises that endangered the safety of others.
- 04/01/13--13:07: Man sues after part of machine strikes his face
- 04/01/13--13:24: Galveston head injury lawsuit ends days before scheduled trial date
- 04/01/13--13:26: Lawsuit: Pallets leading to restroom caused contract worker to fall
- Failing to provide adequate warning signs;
- Failing to provide necessary and proper procedures;
- Failing to train employees in proper safety, security and protection procedures; and
- Failing to correct prior incidents of other children.
GALVESTON – Harris County resident Antonio Guzman Manzano is suing Hi-Tech Concrete Pumping Services in response to injuries he allegedly sustained last month, recent court documents say.
A lawsuit filed Feb. 21 in Galveston County Court at Law No. 1 states a part of a piece of equipment belonging to the defendant and operated by one of its employees “violently struck” Manzano while he was working on Jan. 28.
The plaintiff insists he did nothing to bring forth the incident in question with the respondent’s cement truck, accusing the business of negligence.
According to the suit, the defendant was negligent for entrusting a company-owned vehicle to an individual who was “reckless, incompetent or unlicensed.”
“The defendant Hi-Tech knew or should have known that the position required proficiency in operating the cement truck and the delivery of the cement,” the original petition says.
“The defendant failed to provide the proper training and instruction to the operator which would have provided him with the proper skills and knowledge to avoid the incident which forms the basis of this lawsuit.”
Consequently, Manzano seeks unspecified monetary damages and a jury trial.
Attorney Vuk S. Vujasinovic with Vujasinovic & Beckcom PLLC in Houston is representing the plaintiff, and Galveston County Court at Law No. 1 Judge John Grady is presiding over the case.
Cause No. 69,342
GALVESTON – An elderly woman is suing Wal-Mart Stores Texas LLC after she fell at its Kemah store last year, recent court documents say.
Leola Cates, 93, filed suit against the retailer Feb. 25 in Galveston County District Court.
The suit states that Cates was shopping at Wal-Mart on Feb. 1, 2012, when she became seriously injured because of a sticky substance on the floor.
“Ms. Cates fell forward on her face, rendering her unconscious and then the right side of her body hit the floor fracturing her shoulder and wrist,” the original petition says.
According to Cates, the respondent “negligently permitted the floor to become slippery with a liquid substance, negligently or willfully allowed such condition to continue and negligently or willfully failed to warn the plaintiff of the condition on the floor.”
The company is faulted for:
Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.
She is represented by attorney John J. Kahn with The Kahn Law Firm PC in Houston.
Galveston County 212th District Court Judge Susan Criss is presiding over the case.
Case No. 13-CV-285
GALVESTON – A joint motion for continuance entered into a Harris County painter’s scaffold injury lawsuit was recently approved.
Galveston County 122nd District Court Judge John Ellisor issued an order Feb. 13 calling for the trial to deliberate Ronald Acosta’s allegations to begin Oct. 14, 2013, instead of in early April.
Acosta is suing Honolulu resident Jaymark Komer, La Porte local Terry Stokes, League City Commons, Jaymark Komer Family Trust, Jaymark Komer Trust and Jaymark Komer Revocable Trust after he fell from a scaffold on May 7, 2010, while performing a paint job at a League City shopping center.
The original petition explains that Acosta was reportedly told to use the scaffolding in question to do the job, “however, there was an area of the facade that was too high to reach standing on the scaffolding, and the plaintiff was instructed to help place a ladder on top of the scaffold so that he could paint a particular area of the facade.”
“While standing on the ladder placed on the scaffolding, suddenly the ladder, which was supposed to be supported by a co-worker, slipped and fell approximately 20 feet to the ground along with the plaintiff, causing the plaintiff severe injuries,” it states.
According to the complainant, the subject event left him with facial and head fractures, dislocated arms, injuries to his hands and several severely broken bones which required several surgeries and possibly more.
The parties sought continuance on Feb. 7 because some of the respondents are in Hawaii, and they “are working out logistics for depositions.”
Attorney M. Dean Solomon with David Klosterboer & Associates in Houston is representing Komer, his trusts and the shopping center.
Case No. 12-CV-389
GALVESTON – A local man alleges a wayward hose at a Murphy USA gas station doused him and his minor son, and has filed a lawsuit, recent court documents say.
Georgios Maltsakis’s original petition, filed Feb. 21 in Galveston County Court at Law No. 3, blames Murphy Oil USA Inc. and motorist Jerry Delossantos for the June 16, 2011, incident.
Maltsakis’s son is a co-plaintiff in the case.
The suit explains that the complainants were at the gas station in Galveston to purchase gas when Delossantos allegedly drove away from a pump without removing the pump hose from his vehicle.
“The hose violently detached from the gas pump resulting in gasoline being sprayed all over Georgios and [his son's] face and body, leaving them drenched in gasoline,” it says.
According to Maltsakis, he and the child “immediately experienced burning sensations on their skin and eyes,” adding he also suffered chest pain.
They were taken to the nearby University of Texas Medical Branch where they underwent a series of X-rays and other tests.
Maltsakis, who works as a commercial contractor, claims the event caused him to miss work.
The company is blamed for not installing a shut-off device on the pump that would prevent gas from spraying onto its customers.
A jury trial is requested.
Attorney Michael B. Hughes with McLeod, Alexander, Powel & Apffel PC in Galveston is representing the plaintiffs, and Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.
Cause No. 69,343
GALVESTON – The parties in a March 2012 lawsuit stemming from a Houston roofer’s alleged fall seek approval for their unopposed motion for continuance from a local district judge.
Plaintiff Ulber Escobar and defendants Mesa Mechanical Inc., S.T.S.P. Inc. and Ardent Construction LLC filed the four-page motion Feb. 13, awaiting an order from Galveston County 122nd District Court Judge John Ellisor.
Escobar launched the litigation on March 20, 2012, exactly a month after he supposedly fell through a hole in a roof of a new building on which he was working as an employee of S.T.S.P.
The original petition targeted Mesa Mechanical for the 8-inch rectangular hole which Escobar claims was covered with three pieces of ply board that were “just resting.”
“Mr. Escobar was working next to the hole when he lost his balance,” the original petition says.
“He placed his hand out to catch himself and when his hand came into contact with the board it flipped up causing him to fall 18 feet, striking the concrete floor of the level below the roof.”
Escobar edited his complaint on April 10, 2012, to include his employer and again two weeks later adding Ardent Construction.
He would eventually amend the suit a total of five times, causing the respondents to change to their replies.
According to the continuance request, the parties want the trial setting to be changed from Apr. 1, 2013.
It adds Ardent Construction recently changed attorneys.
Meanwhile, counsel for the other respondents showed no opposition toward a potential switch in the trial date.
Case No. 12-CV-508
HOUSTON – After a large piece of glass tore into a glove he was wearing and cut his hand, Anthony Lopez has filed a lawsuit.
Lopez sued the glove’s manufacturer, Glove Coaters Inc., in Harris County District Court last month. The Houston Division of the Southern District of Texas received the litigation on Feb. 25.
Court papers show Lopez was working on a glass-cutting project at Craftsman Fabricated Glass in Houston at the time of the incident in question on July 3, 2012.
He was on the receiving end of the glass-cutting machine, and it was his and others’ responsibility to take the cut glass.
“As the glass was ejected from the cutting mechanism, it collided with Anthony Lopez’s cut-resistant glass-handling glove,” the original petition says.
“The ejected glass cut through the glove and into Anthony Lopez’s hand, resulting in severe personal injuries and serious bodily impairment.”
According to the suit, the defendant misrepresented what seemed to be “a defectively designed and manufactured and fraudulently marketed safety glove.”
It insists Lopez “was unaware of any defects in the gloves or of any danger.”
A jury trial is requested.
Attorney Andrew W. Dunlap with Fibich, Hampton, Leebron, Briggs & Josephson in Houston is representing Lopez.
Case No. 4:13-CV-448
HOUSTON – After his arm was reportedly sawed off while working at the Mauser USA LLC facility, Houston resident Blas Esteban Solis pursues legal action.
Solis filed the personal injury lawsuit Feb. 14 in Harris County District Court, and the litigation was transferred to the Houston Division of the Southern District of Texas on Feb. 27.
Demand Staffing & Consulting, which is not a party in the case, hired the plaintiff to work at the defendant’s property as an independent contractor/machine operator on July 7, 2012.
The suit says that the machine Solis was working on was not operating properly so the assistant operator turned it off, allowing the plaintiff to make the required adjustments.
After the machine resumed operations, according to the original petition, it “malfunctioned and unexpectedly engaged without being manually turned on by the operator.”
“At the time the machine engaged, Mr. Solis’s left arm was caught in the machine and sawed off by the drum in the machine,” the suit says.
The defendant is blamed for:
Consequently, Solis seeks unspecified monetary damages.
He is represented by attorney Benny Agosto Jr. with Abraham, Watkins, Nichols, Sorrels, Agosto & Friend in Houston.
Case No. 4:13-CV-527
HOUSTON – Alleging he suffered a heart attack while flying to Houston from Vancouver, Canada, and was refused immediate medical assistance, Thomas J. Bintz pursues legal action.
Bintz and his wife filed suit against Continental Airlines Inc., United Continental Holdings Inc. and Medaire Inc. last month in Harris County District Court.
The litigation was transferred to the Houston Division of the Southern District of Texas on March 1.
Recent court documents show that Bintz was a passenger aboard a Continental Airlines flight on April 1, 2011.
After the plane departed Vancouver International Airport, the plaintiff began to suffer “severe epigastric pain” and appeared pale, the suit says.
It states that pain radiated across the plaintiff’s chest for almost 10 minutes, and a nurse on the flight provided him aspirin to no avail.
According to the original petition, Bintz was administered oxygen, nitroglycerine, Maalox and lidocaine liquid while the airline communicated with MedAire via MedLink.
The nurse’s attempts to have the aircraft diverted were futile because MedAire purportedly informed Continental an unscheduled landing was unnecessary since the plaintiff was supposedly in stable condition, the suit says.
Several hours later, the subject flight arrived at George Bush Intercontinental Airport in Houston.
The suit asserts Bintz’s heart attack was confirmed and he was rushed to the hospital, claiming he suffered “severe and permanent damage to his heart.”
A jury trial is requested.
Attorney Seth E. Breen of Howry Breen & Herman LLP in Houston is representing the complainant.
Case No. 4:13-CV-566
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HOUSTON – Houston resident Marilyn R. O’Hara claims the U.S. Postal Service dismissed her because of her knee problems and has filed a lawsuit, recent court documents say.
According to the suit filed Mar. 1 in the Houston Division of the Southern District of Texas, the USPS “subjected (O’Hara) to discrimination on the basis of disability.”
O’Hara joined the USPS as a full-time letter carrier in September 1993.
She states that she began to have problems with her knees supposedly because of her duties in 2007.
Three scopes and a total replacement were then performed on the plaintiff, prompting her to take leave as part of the Office of Workers’ Compensation Programs.
The suit further explains that the postal inspector general visited O’Hara’s physician in December 2007 and apparently made the doctor change his work restriction to light duty.
It adds the complainant returned to duty about a month later “in poor health,” stating she sustained a back injury in late August 2008.
O’Hara went off-duty again only to be “forced” back on the job on June, 22, 2010, the original petition says.
The plaintiff asserts that “her back injury would never have occurred had her medical restrictions surrounding her total right knee replacement been respected.”
The area manager informed O’Hara that no positions would be made available to her, the suit states.
The USPS sacked the complainant on Feb. 10, 2012.
A jury trial is requested.
O’Hara is representing herself.
Case No. 4:13-CV-563
HOUSTON – An Angelina County woman is suing Wal-Mart Stores Inc. after she reportedly injured herself at one of its Houston chains last year.
Lufkin resident Chrissy Temple filed suit against the discount retailer Mar. 4 in the Houston Division of the Southern District of Texas.
Recent court papers show that on Aug. 7, 2012, Temple sustained personal injuries “after falling due to the presence of a dangerous condition on the floor inside the store.”
According to the plaintiff, the incident in question occurred in a dressing room which a store employee directed her to use.
“The substance was a liquid and there were no warnings present to alert the plaintiff to the condition prior to the time she fell,” the original petition says.
Temple adds she suffered a “serious” knee injury which required surgery.
The suit blames the respondent for its associate’s purported failures to inspect said dressing room as well as issue a warning or clean the subject area.
Consequently, the complainant sues for physical impairment, physical pain and suffering, mental anguish, medical expenses and loss of earning capacity.
A jury trial is requested.
Attorney George Chandler of Chandler, Mathis & Zivley PC in Lufkin is representing Temple.
Case No. 4:13-CV-579
GALVESTON – Local resident Ellarein Fourcade has filed suit in response to an apparent dog attack that occurred almost two years ago, recent court documents say.
A lawsuit filed March 14 in Galveston County Court at Law No. 3 states that a dog belonging to Santa Fe locals Tihara and Gerald Hall bit Fourcade near their home on June 10, 2011.
She shows that the canine in question bit her one time on the back of her left leg and inflicted “severe, painful and permanent” injuries.
According to Fourcade, there was no “beware of dog” sign posted on the Halls’ property.
“The defendants had actual or constructive knowledge of the vicious and/or dangerous nature of the dog,” the suit says.
“The vicious and/or dangerous nature of the dog was the producing cause of the plaintiff’s injuries.”
Additionally, the Halls are faulted for failing to properly manage and control the dog and allowing said dog to “viciously attack and bite” the complainant, the suit says.
Fourcade consequently sues for physical pain and suffering, disfigurement and medical expenses.
Attorney Neil G. Baron of the Law Office of Neil G. Baron in Dickinson is representing the plaintiff.
Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.
Cause No. 69,475
GALVESTON – A Brazoria County woman’s apparent slip and fall at a Pearland Wal-Mart last year has resulted in legal action against the discount retailer.
Manvel resident Starla J. Stanford filed suit against Wal-Mart Stores Texas LLC on on Dec. 7, 2012 in Brazoria County District Court. The case was removed to the Galveston Division of the Southern District of Texas on March 11 shortly after its original petition was amended.
Stanford says she was shopping at the defendant’s store on March 25, 2012, when she “slipped and fell on water that had accumulated on the floor.”
“The defendant knew or should have known of the unreasonably dangerous condition posed by accumulated water on the floor of the defendant’s store,” the suit says.
“The defendant neither corrected nor warned the plaintiff of the dangerous condition.”
Wal-Mart is blamed for:
Consequently, Stanford seeks $350,000 in damages and a jury trial.
She is represented by attorney William H. Barfield of The Lanier Law Firm in Houston.
Case No. 3:13-CV-0066
GALVESTON – Claiming he hurt himself as he tried to get off his employer’s ship two months ago, seaman William Gary Green pursues legal action.
Green filed a Jones Act lawsuit March 7 against Breathwit Marine Contractors, Inc. and the vessel The Tug Jacob B., LLC in Galveston County District Court.
Recent court documents show that Green jumped approximately 10 feet from the deck of the tug onto shore on Feb. 4.
“Upon landing on the shore, the plaintiff struck a slab of concrete, which shattered the plaintiff’s heel and injured the plaintiff’s knee, shoulder and back,” the suit says.
According to the original petition, the complainant was instructed and taught that jumping from the vessel to the shore “was the correct and proper way to disembark from the vessel.”
“The plaintiff was not provided any other means, such as a ladder or gang plank, to disembark from the vessel,” the suit says.
It blames the respondents for failing to maintain a safe workplace, failing to provide adequate assistance and failing to provide the proper tools and equipment.
Green further alleges he was fired for seeking medical treatment after the entities refused to shoulder the cost.
Consequently, he seeks unspecified monetary damages and a jury trial.
Attorney Anthony G. Buzbee of The Buzbee Law Firm in Houston is representing the complainant, and Galveston County 10th District Court Judge Kerry L. Neves is presiding over the case.
Case No. 13-CV-362
GALVESTON – Local resident Justin Thomas Haynes has filed suit in response to workplace injuries which reportedly rendered him comatose for almost three weeks.
Recent court documents filed March 14 in Galveston County District Court target Cab Enterprises and Ray Caballero, one of its agents.
Haynes states that he fell on slippery steps while on the clock at the defendants’ property on Sept. 3, 2011, adding he landed on his back.
The suit further shows the plaintiff slipped into a coma in which he remained for 19 days.
He was hospitalized for more than a month and had undergone brain surgery.
According to the original petition, Haynes suffered seizures that sent him to the emergency room on numerous occasions last year.
The suit asserts the complainant was not able to work since the injury, and his medical bills cost about half a million dollars.
Haynes claims the respondents’ apparent failure to place weather stripping and mats brought forth the incident.
Attorney Anthony P. Griffin of A. Griffin Lawyers in Galveston is representing the complainant, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.
Case No. 13-CV-403
GALVESTON – An area woman alleges her late husband sustained a fatal head injury last year at a Galveston movie theater and has filed a lawsuit.
Ilene Corr, widow of Charles “Dick” Corr, filed suit against Premiere Cinema Corp. and Galveston Permiere Cinema 11 Manager Rachel Vernon on March 19 in Galveston County District Court.
The original petition states that Dick Corr was a moviegoer at the defendants’ premises on Feb. 10, 2012, when he fell and struck his head on the floor.
Corr, who was 78, was taken to the University of Texas Medical Branch in Galveston where he died from head trauma three days later.
“The defendants knew or should have known of the condition on their premises,” the suit says.
“Additionally, the defendants created the condition and it was foreseeable that someone could trip and fall.”
Richard Corr’s widow faults the respondents for failing to inspect the premises, failing to warn the decedent and failing to provide and maintain a reasonably safe place.
She seeks unspecified monetary damages and a jury trial.
Attorney Darrell A. Apffel of Bettison Doyle Apffel & Guarino PC in Galveston is representing the complainant.
Galveston County 405th District Court Judge Michelle Slaughter is presiding over the case.
Case No. 13-CV-431
HOUSTON – After he slipped and fell at facilities belonging to Federal Express Corp. almost two years ago, Harris County resident Gregory Lindsey seeks damages.
A lawsuit was filed Feb. 8 in Harris County District Court. The case was removed to the Houston Division of the Southern District of Texas on March 14.
In the original petition, Lindsey recalls picking up packages at the Fedex World Service Center near Hobby Airport in Houston on May 20, 2011, when the alleged incident occurred.
An employee of the defendant told him that he had too many packages to pick up at the counter and he needed to go back to the warehouse to retrieve them.
Lindsey drove back to the warehouse and upon exiting his vehicle, he slipped and fell on a puddle of oil, the suit says.
The complainant claims he sustained “significant” injuries to his head, shoulder, knee and back as a result of the event, stating he was unable to run his business or engage in his favorite leisurely activities afterwards.
The respondent is faulted for:
A jury trial is requested.
Attorney Jeffrey Wilner of Wilner & Taylor in Houston is representing Lindsey.
Case No. 4:13-CV-724
GALVESTON – Following an on-the-job incident in which he supposedly sustained numerous injuries, Harris County resident Desmond Danos has filed a lawsuit.
Recent court papers filed March 21 in Galveston County District Court claim Danos hurt himself as he assisted an employee of C & H Services in the repair of a piece of equipment at the Valero refinery in Texas City a few weeks ago.
Said employee assumed the lead on the task and instructed the plaintiff to hammer wedges into a space on the equipment.
According to the original petition, the worker “knew that this could lead to the wedges being ‘spit out’ of the machine as he had seen it happen before.”
Danos asserts he followed the employee’s commands only to suffer the injuries of which he complains.
“Once the plaintiff did as instructed and was backing away, the wedges became dislodged and flew out, striking the plaintiff in the face,” the suit says.
“As a result, he has lost several of his front teeth and injured his neck.”
It adds C & H’s negligence is to blame since its employee “knew or should have known would create a danger to the plaintiff.”
Consequently, the complainant seeks unspecified monetary damages and a jury trial.
He is represented by attorney Anthony G. Buzbee of The Buzbee Law Firm in Houston.
Galveston County 212th District Court Judge Susan Criss is presiding over the case.
Case No. 13-CV-442
GALVESTON – Days before it was to go to trial, a local woman’s head injury lawsuit was settled.
Kayla Langford had her motion to dismiss Galveston Automotive Professionals Inc. and John Eanes approved by Galveston County Court at Law No. 2 Judge Barbara Roberts on March 15, effectively ending the litigation a year and a week after it was launched.
Langford originally sought damages after she hurt herself during a visit to the defendants’ business.
Her suit, filed March 6, 2012, stated that the plaintiff went to make a delivery at the business and entered the facilities through an industrial metal garage door, which she claimed was the only door to access or exit the premises.
According to the original petition, the garage door “suddenly and without warning” struck the complainant in the head, knocked her to the ground and caused a severe laceration.
The respondents subsequently countered in a formal rebuttal that the conditions of which
Langford complained were open and obvious and the subject accident was unavoidable, denying that conditions posed an unreasonable risk of harm given the circumstances.
A jury trial was scheduled for March 25 as a result of Roberts granting the parties’ motion of continuance last month.
Langford’s motion, submitted March 14, says the plaintiff resolved all of her claims against the auto business and has no desire to proceed with the case.
GALVESTON – For Harris County resident Elizabeth Jimenez, a trip to the restroom at work almost two months ago was anything but mundane.
A lawsuit filed March 20 against Bayer Material Science LLC in the Galveston Division of the Southern District of Texas claims Jimenez sustained injuries on Jan. 28 as she was about to use one of the temporary restrooms at the defendant’s Baytown facility.
Jimenez was assigned to the premises by an unnamed contractor at the time of the incident. The contractor is not a party in the litigation.
The suit explains that the respondent installed the restrooms in a part “plagued by standing water any time that it rained,” adding that it caused mud to linger in front of the entryways.
According to the original petition, the company placed pallets over the mud to serve as a “walkway of sorts,” but wide gaps were apparently spotted between each board.
“The defendant had been advised of the unsafe conditions, but did not remedy them,” the suit says.
Jimenez shows that she had passed a set of keys to another worker after opening the restroom door when her foot was caught in between two boards of the pallet.
She adds she then fell despite the other worker’s attempts to stop her, asserting she hurt her left wrist and right knee as well as her upper and lower back.
A jury trial is requested.
Attorney Anthony G. Buzbee of The Buzbee Law Firm in Houston is representing Jimenez.
Case No. 3:13-CV-0079
GALVESTON – An Austin couple claims their daughter suffered a partial amputation of her finger while visiting a Galveston pizza restaurant last year, recent court papers say.
In a lawsuit filed March 15 in Galveston County District Court, Jason and Kellie Wilson blame Twilight Hospitalities LLC for the Sept. 22, 2012 incident that occurred at Strand Pizzeria.
The suit states that the eatery had a “fantastically bright orange, partially dismantled” motorcycle on display near the entrance.
According to the original petition, the child “did not discover the condition or realize the risk involved in intermeddling with the condition or coming within the area made dangerous by the condition.”
It surmises the girl sustained her apparent injuries after coming into contact with the display, adding she had to endure anxiety, pain and illness.
Twilight Hospitalities is faulted for:
Consequently, the plaintiffs seek unspecified monetary damages.
They are represented by attorney Don W. Boyle of the Cooke Law Firm PC in San Antonio.
Galveston County 56th District Court Judge Lonnie Cox is presiding over the litigation.
Case No. 13-CV-408