Wobbly floorboard leads to suit against Crystal Beach resident

John Suayan, Galveston Bureau Jun. 10, 2009, 7:59am

GALVESTON � While visiting a location for a potential work bid, a Vidor man claims he sustained injuries in a fall and has filed suit against the property owner in Galveston County District Court.

Orange County resident Travis Talbert filed a personal injury lawsuit on June 5 against Willis Turner, a resident of Crystal Beach in Galveston County, doing business as KWT Construction.

According to the complaint, on Aug. 28, 2007, Talbert was at Turner's property in Jefferson County to bid on a project on behalf of his employer, Williams/CMS Central. Talbert claims he stepped on a wobbly floorboard and fell.

"The plaintiff was an invitee at the time of injury; therefore, the defendant owed a duty to the general public to use ordinary care, including the duty to protect and safeguard the plaintiff from reasonably dangerous conditions on the premises or warn of their existence," the original petition says. "The defendant failed to exercise ordinary care or reduce or eliminate this risk, or warn invitees regarding it."

Talbert claims he fell 10-12 feet, injuring his head, right foot, ankle, heel and general body. He alleges the board was not properly nailed down to the decking.

"The defendant knew this condition caused an unreasonable risk of harm to persons such as the plaintiff who would be walking in the area where the loose boards were located," the suit states.

According to the plaintiff, Turner, did not place warning signs near the location of the alleged incident.

Talbert claims his injuries kept him out of work thus he was unable to keep up with his medical expenses.

Williams/MCS Central is not named in the suit in any capacity.

The plaintiff seeks damages for pain and suffering, impairment, mental anguish, and loss of earning capacity as well as a jury trial.

Beaumont attorney Tom Oxford is representing the plaintiff.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 09CV0896

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