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Southeast Texas' Legal Journal
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    GALVESTON – Once slated to go to jury trial in early next month, a lawsuit focusing on injuries allegedly caused by an unattached gasoline hose received extra time.

    Plaintiff Georgios Maltsakis and defendants Murphy Oil USA Inc. and motorist Jerry Delossantos will now face off in court on March 17, 2014, instead of Jan. 13.Calendar-Planning-photo

    Galveston County Court-at-Law No. 3 Judge Kerri M. Foley issued an order in favor of the parties’ motion for continuance on Dec. 13.

    As previously reported, Maltsakis filed suit earlier this year in response to the June 16, 2011, incident in which Delossantos allegedly drove away from a pump without removing the pump hose from his vehicle, resulting in gasoline “being sprayed all over Georgios and [his son's] face and body.”

    The original petition shows the plaintiffs “immediately experienced burning sensations on their skin and eyes” and were taken to the nearby University of Texas Medical Branch where they underwent a series of X-rays and other tests.

    Maltsakis adds he was forced to miss a week of work.

    A delay in obtaining medical records from the University of Texas Medical Branch in Galveston prompted the current continuance request.

    The first instance was brought forth in October by scheduling conflicts experienced by the attorneys on both sides.

    Cause No. 69,343

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    GALVESTON – The plaintiffs in a lawsuit alleging their daughter was assaulted at a Dickinson day care last year have designated expert witnesses, recent court records show.

    In a 23-page document filed Dec. 12, Christa Williams-Yates and Mark Yates enlisted seven individuals to testify as part of their case against Kid City Child Care Learning and Sports Center LLC and Symons Kid City Management LLC.ABC_blocks

    Among those slated to speak during the May 2014 jury trial are Dr. Sheri S. Corning, the girl’s treating physician; lead plaintiffs’ attorney Charles H. Peckham; and Alexia V. Gannon, a Houston-based attorney and investigator.

    As previously reported, the suit claims the complainants’ child reportedly suffered nursemaid’s elbow while under the defendants’ supervision on Sept. 20, 2012, stating a staff member 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.

    The suit accuses the respondents of disciplining the girl for crying instead of providing her medical attention.

    Williams-Yates was reportedly told that the girl “was merely upset at being punished for being disruptive;” however, the former later discovered she was was actually in pain and took her to seek help.

    According to the claimants, because of the subject incident, 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.”

    The defendants refuted the allegations in an original answer filed July 19.

    Case No. 13-CV-793

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    GALVESTON – A qualified protective order was entered into an Alvin woman’s personal injury lawsuit against Beltone and a host of businesses, recent court records indicate.

    Visiting Judge David E. Garner signed the order on Dec. 11, allowing plaintiff Waldine Geraci and the entities she brought the suit against to produce or obtain her health information from Clear Lake Regional Medical Center and other healthcare providers.Beltone_logo

    Geraci sued Beltone last May in response to a hip injury she reportedly sustained at one of its area stores two years ago, alleging the incident occurred when she tripped and fell on the last step of the store premises as she was about to enter her vehicle.

    Insisting she did nothing to cause the event in question, the plaintiff asserts the strip mall in which the business is located has a handicap ramp that is “not easily noticeable” and an apparent lack of signs.

    The original petition was revised twice with the most recent instance including more respondents.

    Last month, a relative of Geraci serving as her next friend and the defendants filed a joint motion requesting the aforementioned protective order on grounds the former does not have medical power of attorney, which prompted the Medical Center’s refusal to release the claimant’s medical records.

    A jury trial is scheduled for 9 a.m., Aug. 11, 2014.

    Case No. 13-CV-612

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    GALVESTON – Claiming he was injured while performing a task for BNSF Railway Co. two months ago, San Leon local Dan A. Novak is pursuing legal action. Recent court documents filed Dec. 20 in Galveston County District Court show Novak … Read More »

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    HOUSTON – Complaining that the Klein Independent School District failed to assist his son after the boy allegedly sustained a head injury last year, a Harris County man has filed a lawsuit. Instead of sending the then-Kuehnle Elementary School first … Read More »

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    GALVESTON – A Harris County man alleges he suffered a wrist injury last year while using the restroom at the Kemah Boardwalk and is suing Landry’s. In a lawsuit filed Dec. 23, 2013, in Galveston County Court at Law No. … Read More »

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    GALVESTON – A timeshare trade broker wants a Harris County woman’s wrongful death lawsuit against it and the Silverleaf entities removed from Galveston County, according to recent court records. RCI, LLC entered a motion to transfer venue into Andrea Mathis … Read More »

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    GALVESTON – Claiming he sustained multiple injuries while working at sea last year, Chris Stripling has filed a lawsuit. The Jones Act suit, filed Jan. 2 in Galveston County District Court, blames Breathwit Marine Contractors Inc. and The Tug Jacob … Read More »

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    GALVESTON – A local couple is pursuing legal action against a Dickinson day care facility over what they claim was an incident that traumatized their young daughter. In court documents filed Jan. 2 in Galveston County District Court, the couple … Read More »

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    HOUSTON – Claiming he was exposed to glacial acetic acid while working at a chemical plant in La Porte two years ago, Harris County resident Jason Mitchell has filed a lawsuit. Recent court papers filed Dec. 27, 2013, in the … Read More »

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    GALVESTON – A lawsuit focusing on a forklift collision at a Galveston cruise terminal was reportedly settled. According to recent Galveston County court records, plaintiff Mary Moses and defendant Suderman’s Contracting Stevedores Inc. reached a settlement on Dec. 19, 2013. … Read More »

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    GALVESTON – The parties in a League City nursing facility resident’s personal injury lawsuit were recently given more time to conduct additional discovery from a local state district judge, Galveston County court records indicate. The case arising from plaintiff Nell … Read More »

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    GALVESTON – A lawsuit alleging an area woman suffered injuries when a hot cup of coffee fell on her at a local fast food restaurant more than a year ago was recently disposed. Court records show Helen Julian and S.M. … Read More »

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    GALVESTON – The owner of a Galveston hotel named in an Oklahoma woman’s personal injury lawsuit has filed a motion to compel, recent Galveston County court records show. Neel Shah Hospitality, Inc.’s 94-page motion, filed Jan. 2, seeks complete discovery … Read More »

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    GALVESTON – When Harris County resident Bernadette Dale and her daughter embarked on a Carnival cruise in the summer of 2008, little did the two know they would return home to launch a legal battle against the company. An early … Read More »

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    GALVESTON – A Houston couple claims the wife was injured during a boat ride almost two years ago and has pursued legal action, recent court papers say. Geoffrey and Jennifer Wagner are suing Teleflex Inc., Boston Whaler Inc. and Marine … Read More »

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    GALVESTON – A Georgia man blames Caribbean Breeze Boat Rental for injuries he claims to have sustained while on its premises back in October. According to a lawsuit filed Jan. 7 in Galveston County Court at Law No. 2, Cumming, … Read More »

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    GALVESTON – A Santa Fe couple sued after their dog purportedly attacked a local woman have filed a summary judgment in the case, according to recent court records. In the 16-page document submitted Dec. 27, 2013, Tihara and Gerald Hall … Read More »

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    GALVESTON – Following an incident which reportedly left him injured and dangling from his work trailer, Brazoria County resident Carl Tichacek is pursuing legal action. Tichacek sued his employers, Jones Motor Group Inc. and Hot Shot Express Inc., in Brazoria … Read More »

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    A Brazoria County man is suing over claims he was injured by federal officers. Charles B. Walker filed a lawsuit March 20 in the Galveston Division of the U.S. Court for the Southern District of Texas against Officer Joseph A. … Read More »