Tangle with ladder causes woman to file lawsuit

John Suayan, Galveston Bureau Mar. 12, 2009, 5:56am


GALVESTON – The general manager of a local beachfront restaurant is suing a roofing business and a general contractor for injuries she reportedly sustained when a ladder fell on her last year.

In a personal injury lawsuit filed on March 5 in Galveston County District Court, Diana Mae Gamez of Galveston says DSC Properties Inc. and David Morgan Roofing allowed the ladder in question to slip off the roof of Miller's Landing and land on her foot and ankle on Feb. 11, 2008.

The defendants were doing repairs at the restaurant at the time of the alleged incident.

According to the plaintiff, she made her way into the building after a moment outdoors just as a worker above yelled for her to look out. She glanced around to see the ladder dangle off the roof and attempted to move out of the way to no avail.

"However, the plaintiff could not avoid the ladder and became entangled with it, sustaining severe injuries to her foot and ankle," the suit says.

The complaint links the ladder to Morgan Roofing and implicates DSC Properties as the contractor for the work.

The defendants are accused of failing to properly maintain and inspect the premises, provide adequate warnings or markings, secure the area where the plaintiff stood, and supervise the workers.

"This incident and the resulting injuries sustained by the plaintiff were proximately caused by the negligence of the defendants," the suit says.

Gamez says she could not keep up with the mounting medical expenses stemming from her encounter with the ladder therefore seeks damages for lost wages, pain and suffering, and mental anguish.

She also demands a jury trial.

The plaintiff is represented by League City attorney E.A. "Trey" Apffel III. Galveston County 212nd District Court Judge Susan Criss is presiding over the case.

Case No. 09CV0306

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