Second suit filed over fall on stairs at Galveston apartment

John Suayan, Galveston Bureau Oct. 19, 2010, 3:44am

GALVESTON - A Galveston County man who already sued a Galveston apartment complex over he fell on a wet staircase now sues its managing company and the construction business that was painting the staircase.

In his second personal injury lawsuit, Elbert Warner claims Sunchase American Ltd. and N.E. Construction LLP did not give any warning in regard to the stairs at the Island Bay Resort Apartments prior to his reported fall on April 9, 2009.

The original complaint was filed Oct. 12 in Galveston County District Court. Warner sued the Island Bay apartment complex in the Galveston County 122nd District Court in March.

According to court papers, the plaintiff slipped and fell on the staircase, which had been recently painted. Warner argues that there were not any signs indicating the stairs were still wet.

"The recently painted stairs did not have a caution or wet paint sign on them," they say.

"The staircase was not closed during the painting process."

Warner points out that he injured his neck, knee, back, and other parts of his body therefore seeks unspecified monetary damages and a jury trial.

Warner is represented by Houston attorney Adam J. Rosenfeld, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 10-cv-3896

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