Woman sues Kemah condos after fall on stairs

John Suayan, Galveston Bureau Apr. 27, 2011, 12:00pm

GALVESTON � A Galveston County woman has filed suit against a local homeowners association after she fell at its property more than a month ago.

Patricia Dunne Cherne seeks more than $50,000 in damages from Moon Caye Owners Association Inc. over injuries she reportedly sustained at Moon Caye Condominiums in Kemah on Feb. 22.

Court papers were filed April 14 in Galveston County District Court.

Cherne claims she fell on the stairs at the condominiums, stating they were poorly lit.

"The plaintiff would show that the injuries and the accident causing said injuries was proximately caused by the negligence of the defendant, by and through its agents, servants and employees, in failing to maintain the premises, including the lighting of the stairway, in a safe condition and creating a dangerous condition, or in the alternative, in the defendants knowing of the existence of the dangerous condition and failing to remedy the same, or in failing to use ordinary care to discover same," the original petition explains.

"Alternatively, the plaintiff would show that said dangerous condition was in existence for such a period of time that the defendant should have known of the existence of same and failed to discover same."

Attorneys Richard Morrison of Kemah and Kenneth W. Burch of Houston are representing Cherne, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 11-cv-0641

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