Girl breaks arm on monkey bars, man sues resort

John Suayan, Galveston Bureau Feb. 4, 2009, 5:42am

GALVESTON – A Denton County man is suing a local timeshare condominium after a young female relative of his was reportedly injured during a visit in early 2007.

Robert Abner of Cross Roads filed a personal injury lawsuit on behalf of Kaylie Abner against the Four Seasons on the Gulf in Galveston County District Court on Jan. 26, alleging the facility failed to keep its playground free from any potential danger.

"Kaylie Abner's bodily injuries occurred as a direct result of a fall that was proximately caused by the dangerous condition of which the defendant knew or should have known existed," the complaint states.

Court papers say Kaylie Abner, whose relationship to Robert Abner is not specified, was using the monkey bars in the playground on Mar. 22 when she fell and broke both arms.

"During the time that Kaylie was on the defendant's property, she was seriously injured as a result of a dangerous condition created by a negligently operated playground," the original petition says.

The suit argues Four Seasons was aware the monkey bars were in poor repair but did nothing to solve the problem.

"The defendant negligently permitted the playground and, in particular, the monkey bars, to fall into a dangerous state of disrepair, negligently or willfully allowed such condition to continue, and failed to warn the plaintiff of the condition of said playground and monkey bars," it says.

"Furthermore, the plaintiff would show the court that the condition of the monkey bars had continued for such period that had the defendant exercised ordinary care in the maintenance of the playground area, it would have been noticed and corrected."

The plaintiff, who is represented by Houston attorney Jeanine E. Holoye, seeks damages including but not limited to physical pain and suffering and medical expenses.
Robert Abner also demands a jury trial.

Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 09CV0100

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