GALVESTON – Area residents Christa Williams-Yates and Mark Yates allege their daughter was assaulted at a Dickinson day care last year and have filed a lawsuit.

Court papers filed June 17 in Galveston County District Court target Kid City Child Care Learning and Sports Center LLC and Symons Kid City Management LLC for the nursemaid’s elbow reportedly suffered by the little girl while under their supervision on Sept. 20, 2012.

Peckham

According to the suit, a member of the defendants’ staff fought with the toddler in order to force her to enter the school from the playground.

“During the fight, this staff member forcibly and violently yanked the right arm of the child up over her head dislocating her arm at the elbow – a radial head subluxation,” the original petition says.

It further shows the defendants disclipined the girl for crying instead of providing her medical attention, claiming they downplayed the subject incident by telling Williams-Yates that her child “was merely upset at being punished for being disruptive.”

Williams-Yates later discovered that the girl was actually in pain and took her to seek help.

The suit describes the subsequent repair process as painful and insists the child “has been distrustful of adults, has been much more defensive and accusatory of others, has been acting out violently and is in counseling post-injury.”

She no longer attends the school.

A jury trial is requested.

Attorney Charles H. Peckham of Peckham PLLC in Houston is representing the plaintiffs, and Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-793

GALVESTON – A Harris County man has brought a lawsuit against Animals of the Earth Inc. after his minor son was allegedly hurt during a tram ride last year at the defendant’s park.

In court papers filed June 19 in Galveston County District Court, Arthur Reyna Sr. claims the tram driver at Bayou Wildlife Park operated the vehicle in a negligent manner on March 27, 2012.

The suit also lists the boy as a plaintiff.

The elder Reyna asserts the unnamed worker drove near a fence on the respondent’s property.

The tram at Bayou Wildlife Park

According to the original petition, said fence had wire protruding out from it.

The tram unexpectedly struck the fence, and the wayward wire connected with the child’s right arm, the suit says.

Reyna points out that the fence was damaged prior to the subject event and in dangerous condition of which the defendant had knowledge but “failed to properly warn and instruct the plaintiff of the dangerous condition and failed to make certain that it was reasonably safe for children to use in order to view wildlife park and its animals.”

He further shows his son underwent numerous surgeries on the arm following the accident.
Consequently, the complainant seeks unspecified monetary damages.

Attorney Anthony F. Mercurio of Bellaire is representing the Reynas, and Galveston County 10th District Court Judge Kerry L. Neves is presiding over the case.

Case No. 13-CV-804

HOUSTON – A Houston man is suing Walgreen’s Corp. after a pharmacist allegedly gave him the wrong medication, according to recent court documents.

James Edward Briggs launched the litigation in Harris County District Court on May 20.

Walgreen’s removed the case to the Houston Division of the Southern District of Texas on June 20.

Briggs says he was 17 on May 24, 2011, when he began to take medicine for two days.

The plaintiff believed the medication was the antibiotic prednisone which was supposed to treat poison ivy-induced rashes and hives. However, the defendant issued him indomethacin and hydrocodone instead, the suit says.

According to Briggs, he suffered from chest pains, shortness of breath, dizziness, excessive sleepiness, rapid heartbeat, heavy nosebleeds and vomiting, prompting his mother to take him to the emergency room at St. Luke’s Hospital.

Doctors diagnosed and treated him for “accidental overdose.”

Shortly after his release from the hospital, the suit states, the complainant came down with a 101-degree fever while attending summer school classes on June 8, 2011.

Diagnosed with pneumonia, he remained hospitalized for three days.

The suit further asserts that the plaintiff developed a fear of taking medicine because of the subject event and had started seeing a psychologist with Family Services of Greater Houston.

It adds the ordeal caused him to miss required summer school days for which he had to repeat his junior year of high school.

Consequently, Briggs seeks unspecified monetary damages and a jury trial.

He is represented by attorney Shannon L. Keaton of The Keaton Law Firm, PLLC in Houston.

Case No. 4:13-CV-1796

GALVESTON – Local resident Emmett Parsutt Sr. and his wife, Elena, are suing Little League Inc. and League City Little League Inc. in the wake of injuries reportedly suffered by their son during a game earlier this month. 

A lawsuit filed July 11 in Galveston County District Court alleges the League City All-Stars Little League team used an illegal bat in the District XIV championship game against the Santa Fe squad of which Emmett Parsutt Jr. is a member.

Said bat produced a hit that struck the younger Parsutt’s head, recent court papers say.

The suit explains that teams are prohibited from using unlicensed or altered bats in accordance to Little League rules, and there was concern the League City team had an unlicensed metal bat at its disposal.

Prior to the start of the game in question, the umpire inspected the bat, an Easton 2012 XL1, and ruled it fit for play. Easton is not named in the suit.

The plaintiffs say a batter for League City hit a line drive that knocked their son to the ground.

“While (the) Santa Fe parents and coaches rushed to Emmett’s aide, a parent (non-coach) of one of the League City All-Stars came out of the stands and onto the field to retrieve the allegedly altered bat,” the original petition says.

“The parent then took the bat, walked to the parking lot and locked it in his car.”

Texas City Police were called when the parent refused to surrender the bat, which was believed to have “ended up in the hands of the League City Little League officials and has allegedly been sent off for testing.”

Meanwhile, the complainants’ son left the game on a stretcher and was taken to a nearby hospital.

League City won the game to advance to the regional championship in Pearland.

The suit faults the respondents for negligence.

Consequently, the plaintiffs seek more than $1 million in damages.

Attorney Chance A. McMillan of Thurlow & Associates of Houston is representing the Parsutts, and Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-902

HOUSTON – The Episcopal Diocese of Texas and the University of the South in Sewanee, Tenn., have been named in a lawsuit arising from a student’s fall off a cliff last year.

John B. Berry Sr., of Houston, and his wife, Patricia, sued the entities for $1 million in Harris County District Court last month over the Aug. 27, 2012, incident which reportedly injured and incapacitated their son, John B. Berry Jr. , a student at the university also known as Sewanee. Houston federal court received the litigation on July 10. 

The lawsuit claims that the area where the younger Berry fell lacked warning signs and that the university “had taken no action at all to warn against the dangers of standing near the cliff edge.”

The original petition further claims several students have died as a result of accidentally going over the cliff, but the defendants “still do nothing.”

Lanier

The Berrys allege the school got statements from students before contacting the family, “in an effort to exonerate itself and find ways to blame the victim,” the lawsuit states.

Consequently, the complainants seek more than $1 million in damages.

Attorney W. Mark Lanier of The Lanier Law Firm P.C. in Houston is representing the Berrys.

Case No. 4:13-CV-2030

GALVESTON – An area man alleges that he suffered burns from his laptop last year and has filed suit against its manufacturer.

John A. Hoskins claims that his company-issued Panasonic Toughbook overheated and burned his abdomen in the early hours of Sept. 30, 2012.

The lawsuit, filed July 10 in Galveston County District Court, against Panasonic Corp. of North America, states that Hoskins was sitting slightly reclined in a chair with the laptop on his stomach when the incident occurred.

“Suddenly, and without warning, the bottom of the computer spontaneously and rapidly heated to extreme high temperatures of 96 degrees Celsius, or roughly 205 degrees Fahrenheit,” the original petition says.

“The Panasonic Toughbook’s spontaneous overheating caused the plaintiff to suffer severe and excruciating burns on his abdomen.”

According to Hopkins, the burns caused cellulitis of his abdominal wall, which caused him to go to the nearby University of Texas Medical Branch’s Blocker Burn Unit.

He adds his purported injuries required daily, ongoing treatments as well as “painful, unpleasant” continuous visits to UTMB.

Panasonic is faulted for:

• Failing to prevent the introduction into commerce of defective consumer products;
• Failing to inspect the laptop computer for manufacturing defects;
• Failing to inspect the laptop computer for design defects;
• Failing to design the laptop to ensure it was free of defects causing spontaneous overheating;
• Failing to manufacture the laptop so as to ensure it was free of defects causing spontaneous overheating;
• Failing to distribute, market and sell the plaintiff a laptop computer without defects causing spontaneous overheating; and
• Failing to warn consumers.

Consequently, the complainant seeks $75,000 in damages and a jury trial.

Attorney Bradford J. Gilde of the Gilde Law Firm in Houston is representing Hopkins, and Galveston County 10th District Court Judge Kerry L. Neves is presiding over the litigation.

Case No. 13-CV-893

GALVESTON – After she reportedly slipped and fell last year at a Webster Wal-Mart, Nicole Burrell has pursued legal action.

Burrell filed a lawsuit against Wal-Mart Stores Texas LLC in Harris County District Court last month.

The case was removed to the Houston Division of the Southern District of Texas on July 16.

Recent court papers show that the plaintiff was shopping at the store in question at the time of the events for which she seeks damages.

They further state a greasy substance had spilled in an aisle at the business, and when she made her way through, the alleged incident occurred.

Burrell asserts Wal-Mart had “actual and/or constructive notice” of the aforementioned spill and there was nothing to warn customers of the supposed hazard.

“The defendant was negligent in failing to notify its customers of the unreasonably dangerous condition created by the spill and was negligent in failing to properly and safely clean the unreasonably dangerous condition created by the spill,” the original petition says.

“The condition on the premises posed an unreasonable risk of harm because it is foreseeable the spill would make a hard floor extremely slippery for the defendant’s customers.”

It insists the complainant sustained bodily injuries.

Consequently, Burrell seeks “no less than $100,000 and no more than $200,000″ in damages.

Attorney Stephen Boutros of Houston is representing the plaintiff.

Case No. 4:13-CV-2077

GALVESTON – A Mississippi seaman has filed a Jones Act lawsuit against his employer following an alleged workplace fall last year, recent court papers say.

Randall Lewis’s suit, filed July 18 in Galveston County Court at Law No. 3, blames Inland Dredging Co. for injuries he sustained on June 1, 2012.

Lewis was working on the defendant’s dredge barges at the time of the events in question.

According to the suit, the plaintiff then “fell down some stairs that were coated and/or covered in oil.”

Arnold

He adds that the subject incident left him with broken ribs, an injured back and injuries to other parts of his body.

“The defendant had the plaintiff and other crew members continue working despite the dangerous conditions that were posed to them,” the original petition says.

“The defendant did so knowing that the conditions posed dangerous and grave safety concerns.”

Inland Dredging is blamed for:

• Failing to train its employees;
• Failing to inspect, maintain and repair equipment;
• Failing to maintain a safe work environment;
• Failing to provide appropriate medical attention; and
• Failing to warn the plaintiff of dangers hidden aboard the dredge barge.

Consequently, Lewis seeks unspecified monetary damages and a jury trial.

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

Cause No. 70,332

GALVESTON – League City local Inocencia Alanis alleges that the actions of a nursing home employee in May 2011 resulted in injuries which rendered her immobile, recent court documents say.

In a lawsuit filed July 22 against Regent Care Center of League City L.P. in Galveston County District Court, Alanis asserts said employee’s failure to place her arm sling on her prior to moving her onto a bed on May 8, 2011, resulted in her rolling her arm off the attendant’s shoulder and “shrieking in pain.”

The suit shows the plaintiff’s doctor required she wear the sling.

Alanis was later determined to have suffered a fractured humerus, and she was transported to the nearby Clear Lake Regional Hospital where she “was subjected to a barrage of medical exams.”

While under observation, according to the original petition, the complainant was informed that she had compression fractures to her spine.

She had been attending therapy sessions at the defendant’s facility, but her mobility had worsened, the suit states.

It adds that Alanis was considered for a procedure in which “bone cement was to be injected into the cracks of her vertebrae and help alleviate her back pain and possibly aid her stability” to no avail.

“Had Mrs. Alanis been able to position her arm so it would not be overlaying the spine and obscuring visualization, she could have undergone the procedure,” the suit says.

“Instead, Mrs. Alanis has had to continue suffering back aches that make it almost impossible for her to walk and move.”

Meanwhile, the respondent, doing business as Regent Care Center of League City, is faulted for:

• Failing to properly train employees on proper procedures for transferring the plaintiff;
• Failing to properly transfer the plaintiff; and
• Failing to follow physician’s orders.

Consequently, Alanis seeks unspecified monetary damages and a jury trial.

She is represented by attorney Fayez H. Hatamleh of Aly & Associates, PLLC in Houston.

Case No. 13-CV-945

GALVESTON – A local seaman has filed suit against his employer after reportedly getting hit by a piece of equipment while performing his job.

Buzbee

David Hall is suing G & H Towing Co. in Galveston County District Court, having initiated legal action on July 23. He seeks $5.5 million.

Hall is employed as a mechanic assigned to the entire fleet of G & H’s vessels.

The lawsuit states that he was using an oxyacetylene torch to repair a pier at the time of the events on June 12.

“As he began to light the torch, the oxygen hose blew off the torch handle and struck the plaintiff on his left testicle,” the original petition says.

Hall adds he suffered additional injuries to other parts of his body.

He blames the respondent for failing to maintain a safe workplace, failing to properly maintain its equipment and failing to safely operate.

Consequently, he seeks $5.5 million in damages as well as a jury trial.

Attorney Anthony G. Buzbee of The Buzbee Law Firm in Houston is representing the complainant.

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

Case No. 13-CV-950

GALVESTON – A local couple alleges that the wife purchased a defective slalom water ski, recent court papers say.

In a lawsuit filed Aug. 1 in Galveston County District Court, Sherry and Kelly Hill explain that Sherry Hill sustained a head injury which rendered her unconscious while using the ski on Aug. 8, 2011. 

The suit targets HO Sports Co., Wholesale Marine and Hern Marine Distributors Ltd.

The Hills say Sherry Hill bought the aforementioned ski nearly a week before the subject event, stating the defendants represented that it “posed no hazards different from other water skis.”

According to the original petition, the nearly $500 ski, however, “has a large metal piece or protrusion on the top of the tail or aft end above the fin or skeg.”

“It is foreseeable that this metal piece or protusion could inflict serious or even fatal injuries to a water skier in any number of fall or mishap scenarios,” the suit says.

Kelly Hill recalls his wife attempting to cross the wake of a ski boat that was towing her when “the protruding metal piece struck her in the back of the head causing her to bleed profusely from the back of the head and immediately rendering her lifeless, unconscious and not breathing.”

She, surrounded by a “large pool of blood” when her husband pulled her out of the water, was quickly transported by Life Flight to Memorial Hermann Hospital in Houston where she underwent surgery to repair her skull.

“As a result of the impact with the ski, Sherry Hill suffers from a traumatic brain injury and its continued effects,” the suit says.

Previously employed as a commercial pilot and certified flight instructor, it adds, she “may never be able to fly again for commercial gain or even pleasure due to her injuries.”
Consequently, the Hills seek unspecified monetary damages and a jury trial.

They are represented by attorney Howard T. Dulmage of The Law Offices of Howard T. Dulmage, PLLC in Houston.

Galveston County 405th District Court Judge Michelle Slaughter is presiding over the litigation.

Case No. 13-CV-991

GALVESTON – Local resident Douglas Rutherford seeks more than $1 million in damages from Breathwit Marine Contractors Ltd. after he sustained injuries aboard one of its vessels earlier this year, recent court papers say.

A lawsuit filed July 31 in Galveston County Court at Law No. 2 claims Rutherford was working aboard the DB3003, a deck barge belonging to the company, on behalf of Kelso Concrete Co. last Feb. 10 when he stepped on a manhole cover and fell in.

Terry

According to the original petition, prior to the incident in question, the plaintiff tried to retie some parted mooring lines that rubbed against exposed metal edges in an effort to keep the barge from drifting away.

It asserts the barge’s deckhands negligently tied the lines.

Rutherford states that he seriously and permanently injured his arms, wrists, legs, hips, back and general body, insisting he did nothing to bring the subject event forth.

A jury trial is requested.

Attorney Joseph D. Terry of Terry & Thweatt PC in Houston is representing the complainant, and Galveston County Court-at-Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 70,403

GALVESTON – The first and only lawsuit filed in Galveston County in response to last February’s Carnival Triumph disaster has been disposed, according to recent court records.

Collin County resident Kathy Marie Armstrong entered a notice of non-suit without prejudice into her suit targeting Carnival Corp., doing business as Carnival Cruise Lines, on July 25, closing the litigation almost six months after it began.

Galveston Cruise Terminal

Armstrong was among 4,000 passengers and crew stranded in the Gulf of Mexico after a fire in the engine room knocked out power on the cruise ship, which departed Galveston on Feb. 7.

In the original petition filed Feb. 20 in Galveston County 56th District Court, Armstrong claimed that she was “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.”

Tug boats eventually arrived to help haul the crippled Triumph to a port in Mobile, Ala., and according to the suit, the plaintiff “feared for her life and safety, under constant threat of contracting serious illness by the raw sewage filling the vessel, and suffering actual or some bodily injury” during the slow journey back to the mainland U.S.

The suit further asserted that “the vessel listed sharply several times, causing human waste to spill out of non-functioning toilets, flood across the vessel’s floors and halls and drip down the vessel’s walls.”

Those aboard, including the complainant, were “forced to endure unbearable and horrendous odors on the filthy and disabled vessel, and wade through human feces in order to reach food lines where the wait was counted in hours, only to receive rations of spoiled food.”

The ship, which Armstrong labeled “a floating toilet, a floating Petri dish [and] a floating Hell,” disembarked in Mobile the night of Feb. 14.

Meanwhile, Carnival did not provide a formal response to Armstrong’s allegations.

An order of non-suit signed by Galveston County 56th District Court Judge Lonnie Cox is currently pending.

Case No. 13-CV-258

GALVESTON – A Baytown man blames BP Products North America Inc. for an apparent finger injury he sustained while working at its then-Texas City facility last year, recent court documents say.

Mario Morales’s lawsuit against the petrochemical company, filed Aug. 5 in Galveston County District Court, shows a drill used by the plaintiff to restore power at the refinery malfunctioned only to function again, the device made “to twist around catching Mr. Morales’s finger.”

The suit explains that the defendant supplied Morales with corded drills “to be plugged into the plant’s power source with adapters,” adding “the adapters would not stay connected to supply power to the drills so BP personnel instructed the workers to ‘use tape’ to make them work.”

Morales, an electrician employed by Jacobs Industries, says the drill’s power “cut off,” and when he “loosened his grip on the drill to see what the problem was,” the subject event occurred.

He asserts the supposed mishap required him to undergo surgeries on his finger.

Consequently, he seeks up to $1 million as well as a jury trial.

Attorney Daniel F. Crowder of the Crowder Law Firm in Houston is representing the complainant, and Galveston County 10th District Court Judge Kerry L. Neves is presiding over the litigation.

Case No. 13-CV-1006

GALVESTON – Palm Beach at Moody Gardens Inc. is no longer a defendant in a recent personal injury lawsuit.

Area resident Ashley Valdez previously sued the entity on behalf of a child she claims was injured two years ago at the Galveston attraction only to non-suit it on July 24.

Apffel

The move leaves Moody Gardens Inc. as the only respondent in the month-old litigation.

Valdez’s suit, filed July 1 in Galveston County Court at Law No. 3, states that Marcus Torres was at Palm Beach on July 4, 2011, when he tripped and fell on a metal object and struck his chin on said object.

The suit states that the boy suffered a gash to his chin and required medical attention, asserting the defendants failed in their duty to protect and safeguard the child from “unreasonable” dangerous conditions on the premises or to warn of their existence.

“The defendants knew or should have known of the condition on its premises,” the original petition says.

“Additionally, the defendants created the condition and it was foreseeable that someone would trip and fall.”

Palm Beach did not provide an original answer while Moody Gardens countered the plaintiff’s allegations in court documents filed July 11.

The 4-page rebuttal pins the subject event on Valdez and insists “the condition of the premises of which the plaintiff complains did not pose an unreasonable risk of harm.”

Attorney Kevin B. Finkel of Hill & Finkel LLP in Houston represents Moody Gardens.

Palm Beach was represented by attorney Darrell A. Apffel of Bettison, Doyle, Apffel & Guarino PC in League City.

Cause No. 70,219

GALVESTON – One of the companies sued after a Harris County man was allegedly hit in the head with a pipe in June recently denied his allegations, according to recent court records.

The Dow Chemical Co. entered an original answer late last month into Jonathan Tamez’s personal injury lawsuit.

Tamez alleges Dow, Cajun Constructors Inc. and Cajun Industrial Design & Construction LLC are to blame for a June 20 incident at Dow’s Texas City facility that left him with injuries to his head, brain, neck and other parts of his body.

Brock

“The defendants were subjectively aware of the extreme risks posed by the conditions which caused the plaintiff’s injuries, but did nothing to rectify them,” the original petition says.

In its four-page response, Dow asserts Tamez’s claim “arises from a condition or use of an improvement to real property,” insisting “it did not exercise or retain control over the manner of work being performed by the general contractor or subcontractors.”

Dow adds the complainant’s alleged damages “are the result of the acts of third parties for whom it has no responsibility.”

Attorney Jack C. Brock of Mills Shirley L.L.P. in Galveston is representing the defendant.

Cause No. 70,248

GALVESTON – A Brazoria County woman has launched litigation into injuries she reportedly sustained at a Friendswood grocery store, recent court documents say.

In a lawsuit filed Aug. 12 in Galveston County Court at Law No. 2, Kathryn Dolan blames H.E.B. Inc. for her fall over a box of chicken at the business last year.

Jeff Todd

Dolan was browsing the fresh chicken cooler at the store in question on Jan. 3, 2012, when the subject event occurred.

She asserts that H.E.B. left the box on the floor, causing her to trip and fall.

According to the suit, the plaintiff hurt her foot, legs, ribs and back.

By leaving the box, it says, an “unreasonable” risk of harm was created as “the chicken cooler cloaked the presence of the box of chicken such that it constituted a slipping/tripping hazard.”

“The defendant had knowledge of the potential for harm as a result of its course of conduct in allowing a box of chicken to exist where individuals walked,” the suit says.

Consequently, Dolan seeks at least more than $200,000 in damages.

She is represented by attorney Jeffrey N. Todd of The Law Firm of Alton C. Todd in Friendswood.

The case has been assigned to Galveston County Court-at-Law No. 2 Judge Barbara Roberts.

Cause No. 70,473

GALVESTON – A local bar is being sued following an alleged fight earlier this year on its premises, recent court documents say.

In a lawsuit filed Aug. 8 against Buck Brothers Inc. in Galveston County District Court, Galveston resident Renee Nash claims she was injured as a result of the event in question at the Buckshot Saloon last Feb. 12.

Brinkley

Nash was at the establishment with her friends during the height of the city’s Mardi Gras festivities.

She explains that an argument between patrons ensued and escalated throughout the night, culminating in a physical confrontation on the dance floor.

The plaintiff was not involved in the subject fight, but she “was knocked over and injured as the fight spilled over onto an area where [she] was standing,” the original petition says.

The suit asserts the defendant should have known that “numerous incidents of violence” took place at its business.

“Despite the defendant’s knowledge of the ongoing argument, the defendant failed to take reasonable steps to protect its guests from a foreseeable altercation,” it says.

Buck Brothers is faulted for:

• Failing to conduct a security risk assessment;
• Failing to establish a satisfactory security program for the establishment;
• Failing to properly train management, security personnel and other employees;
• Failing to provide an adequate amount of security personnel at the premises on the date of the incident in question;
• Failing to post crime deterrent signs on or around the premises;
• Failing to require dangerous patrons to leave the premises;
• Failing to implement any policies to prevent loitering on the premises; and
• Failing to provide standard safety policies and procedures known to help prevent serious crime and injuries to customers.

Consequently, Nash seeks unspecified monetary damages and a jury trial.

She is represented by P. Dean Brinkley of Templeton & Brinkley in Beaumont.

Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-1035

GALVESTON – The city of Galveston is the target of a federal lawsuit alleging its police officers exerted excessive force on a man last March.

According to recent court documents filed Aug. 12 in the Galveston Division of the Southern District of Texas, plaintiff Reginald Leon Davis was reportedly beaten on a Galveston beach by officers Archie Chapman Jr. and Jose H. Santos Jr. the morning of March 19.

Chapman and Santos join their employer as co-defendants in the litigation.

The suit explains that Davis, a La Marque resident, was on his way home from a last-minute study session at a Galveston Denny’s prior to the event in question, stating extreme exhaustion prompted the complainant to pull his vehicle over on Seawall Boulevard and rest.

He was then awakened by Santos, who ordered the plaintiff to exit his vehicle and place his hands on the hood of the police cruiser.

Davis says he subsequently fled on foot to the beach below for fear “that he might be arrested.”

Santos gave chase and discharged his Taser on the plaintiff, knocking the latter to the ground, the suit says.

Pinkerton

It adds the officer tackled and held Davis faced down on the edge of the water.

“From a video taken from a police dash camera, it is clear that Officer Santos was able to restrain Mr. Davis, who is seen laying on his stomach and does not appear to resist until a wave from the rising tide submerges his face under water,” the original petition says.

The plaintiff further claims that Chapman appears in the video and “immediately” kicks him in the head multiple times as well as purposely submerge his face under water.

More officers arrived only to supposedly deliver more blows to Davis, who “does not appear to resist until it becomes clear that he is in fear of drowning,” the suit says.

Authorities eventually handcuffed the plaintiff and escorted him from the beach.

The suit argues photographs reveal that the complainant sustained injuries to his face and arm.

“Since the incident, Mr. Davis has continued to have difficulty sleeping at night due to headaches and other post-concussion like syndromes, and he has also had to seek treatment for injuries to his arm, neck, shoulders and back,” it says.

A jury trial is requested.

Attorney C. Chad Pinkerton of The Pinkerton Law Firm PLLC in Houston is representing Davis.

Case No. 3:13-CV-287

GALVESTON – A Galveston couple has initiated legal action against Golden Arch Ltd Partnership after the husband suffered a slip-and-fall at one of its nearby restaurants.

In a lawsuit filed Aug. 12 in Galveston County District Court, Trudy and Gary Davis allege that wet flooring at a McDonald’s in La Marque caused Gary Davis to lose his footing and suffer ruptured quadriceps in both legs on Oct. 24, 2012.

Restaurant manager Robert Flores is a co-defendant in the case.

Gary Davis went to the defendants’ restaurant to eat breakfast when the incident in question occurred.

According to the suit, the tiled entrance to the building was “extremely” wet.

“The wet tiled entrance on the defendants’ premises posed an unreasonable risk of harm,” the original petition says.

“The defendants knew or reasonably should have known of the wet tiled entrance.”

It faults the respondents for:

• Failing to reduce or eliminate the risk;
• Failing to warn of the slippery tile;
• Failing to inspect and maintain the entryway;
• Failing to install non-slip surfaces to the entrance of the restaurant; and
• Providing a mat that was too small to cover the wet slippery tile.

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

They are represented by attorney James B. Galbraith of McLeod, Alexander, Powel & Apffel PC in Galveston.

Galveston County 10th District Court Judge Kerry L. Neves is presiding over the litigation.

Case No. 13-CV-1042