Tourist sues trustees after injury in Galveston park

John Suayan, Galveston Bureau Jul. 9, 2009, 3:45am

GALVESTON – A Kaufman County man's visit to a well-known Galveston park two years ago resulted in a lawsuit against the city's Park Board of Trustees.

William Wallace of Terrill claims he got hurt during a trip to Seawolf Park on July 5, 2007.

"On the occasion in question, (the) Galveston Park Board of Trustees of the city of Galveston operated the park or allowed the park to be operated in a negligent manner, and the defendant violated the duty it owed to the plaintiff to exercise ordinary care in the operation of the park," the suit says.

It was filed in Galveston County District Court on July 2.

According to the original petition, the plaintiff was fishing in a particular area of the park, which is operated by the defendant, when he reportedly sustained bodily injuries and property damages.

The suit is mum about the precise circumstances that brought on Wallace's grievances, but attributes the alleged incident to negligence.

"This action is brought under the Civil Practices and Remedies Code Tort Claims Act for the negligence of the defendant charging a recreational fee onto the property of the defendant and maintaining a dangerous condition in the area where fishing was allowed within Seawolf Park," it states.

The Park Board of Trustees is ultimately accused of failing to keep the plaintiff away from the fishing area, which the suit argues is "a known dangerous area."

Wallace says he is unable to work because of his ordeal thus has incurred huge medical expenses.

Consequently, the plaintiff seeks damages for physical pain and disfigurement and mental anguish.

Galveston attorney Jeffrey H. Kilgore is representing the plaintiff.

The litigation has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 09CV1125

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