Wreck on Galveston Seawall leads to lawsuit

John Suayan, Galveston Bureau Jul. 25, 2011, 9:19am

GALVESTON - Galveston resident Olga Kostenko has filed suit in response to a 2009 accident on the Seawall.

David Molick of Houston struck Kostenko on July 18, 2009, as she rode her bicycle near Wal-Mart in the 6700 block of Seawall Boulevard, court papers entered July 15 in Galveston County Court at Law No. 2 say.

According to the original petition, the complainant was traveling eastbound in the area in question while the respondent was leaving the Wal-Mart parking lot at the time of the alleged collision.

Kostenko claims Molick was attempting to turn on Seawall Boulevard when suddenly and without warning, he hit her.

"This negligent action on the part of the defendant David Molick was the proximate cause of the collision in question and the resulting damages sustained by the plaintiff for which the plaintiff now seeks recovery," the suit says.

She faults the defendant for failing to maintain a proper lookout, failing to properly and timely apply his brakes, failing to avoid an impeding collision, failing to warn and driver inattention.

Molick's alleged actions inflicted physical impairment, pain and suffering, mental anguish, losses of earnings and earning capacity and medical expenses upon Kostenko, the suit says.

Consequently, the complainant seeks approximately $50,000 and a jury trial.

She is represented by attorney Roberto Torres of Galveston.

The case has been assigned to Galveston County Court at Law No. 2 Judge Barbara Roberts.

Cause No. 65,655

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