Man says he was hit by golf cart on beach

Annie Cosby Dec. 17, 2014, 3:37pm


A Tarrant County man and his daughter are suing over claims he was injured when struck by a golf cart while he was sitting on a beach.

Dwayne and Nikki Sheets filed a lawsuit Oct. 29 in the Galveston County District Court against Stanley Christopher Allen, citing negligence.

According to the complaint, Dwayne Sheets was vacationing with his family at a home in the Sea Isle subdivision of Galveston on Aug. 4, when he and his daughter, Nikki Sheets, drove to the beach adjacent to Farm Road 3005 near the intersection with San Jacinto Drive.

The complaint states Dwayne Sheets was sitting in a metal folding chair in the sand, and Nikki was walking in the surf nearby when Dwayne was struck by a golf cart driven by defendant Allen. The plaintiffs say Nikki witnessed her father sustain serious and permanent injuries before being removed to a hospital by ambulance, which caused her severe emotional trauma.

The lawsuit states Dwayne Sheets sustained a compressed spine fracture, injury to his cervical, thoracic and lumbar spine, a fracture of his right forearm, dislocated left shoulder, an injury to his right foot, both knees, and left pelvis, fractured ribs and a head injury.

According to the lawsuit, he required surgery at the University of Texas Medical Branch, and later, after returning to Tarrant County, he was diagnosed with a massive rotator cuff tear, a dislocated biceps tendon and injuries to the AC joint, which all required further surgery. The complaint states Sheets will require a left shoulder replacement within the next 10 years due to the injuries sustained in the collision.

According to the lawsuit, Allen was driving the Club Car golf cart westbound on the beach without the lights on, even though it was 11:30 p.m. and his wife was a passenger. The lawsuit also states Allen was intoxicated prior to and at the time of the collision. Allen is accused of negligence, negligence per se and gross negligence.

The plaintiffs seek more than $1 million in actual and exemplary damages, including medical expenses, loss of Dwayne Sheets' earnings and earning capacity, interest and court costs.

They are represented by attorneys Geno E. Borchardt of Borchardt Law Firm in Fort Worth, and L.E. “Lou” Barkholtz of Arlington.

Galveston County District Court case number: 14-CV-1155.

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