Kemah restaurant sued when boy falls from boardwalk train

John Suayan, Galveston Bureau Sep. 21, 2009, 1:41pm

GALVESTON - A train ride on the Kemah Boardwalk two years ago ended in a young man sustaining multiple injuries and a close relative suing the amusement park's operator on his behalf.

In a personal injury lawsuit filed against Landry's Crab Shack Inc., Harris County resident Renata Lockett argues that Kyle Brown was seriously injured when the train in question ejected him from his seat and subsequently rolled over his leg on Nov. 10, 2007.

"At said time and place, the defendants negligently operated and maintained the train and track that caused the accident made the basis of this suit," the original petition says.

The suit was filed Sept. 18 in Galveston County District Court.

Plaintiff Lockett claims the alleged incident caused significant injuries to the boy's leg "as well as other body parts and trauma."

"The plaintiffs will show that the defendants were negligent, and such negligence was a proximate cause of the occurrence in question and the plaintiffs' injuries and damages," the suit says.

It goes on to explain that the Kemah Boardwalk operated and kept the train "in a reckless, careless, and wanton manner so as to endanger the lives and property of others," citing the defendants' failures to control speed and provide safety apparatuses aboard.

Lockett says the victim experienced pain and suffering, impairment, disfigurement, and loss of earning capacity while she had to deal with his mounting medical expenses and a loss of consortium.

The plaintiffs, who are represented by Houston attorneys R. Todd Elias and Alan R. Kolodny, seek unspecified monetary compensation and a jury trial.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 09CV1709

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