Diner sues driver who crashed into Dairy Queen

John Suayan, Galveston Bureau Sep. 12, 2011, 2:31pm

Chad Pinkerton

GALVESTON - A League City man is suing the driver he alleges crashed into a Dairy Queen while he was dining.

Tommy W. Harrison filed a lawsuit Sept. 6 in Galveston County District Court against Ana Maria Garcia, who he claims crashed into a Dairy Queen on Meyer Road on May 14, 2010.

Harrison states he was eating dinner when Garcia lost control of her vehicle and smashed into the eatery, the suit says.

Harrison claims he was in the area of impact and fell from his seat.

"The impact of the collision caused the wall to hit the plaintiff and then also knocked him onto the ground," the original petition says.

"The combination of the impact from the initial collision and then the falling onto the floor caused the plaintiff injury."

Harrison's injuries, which were supposedly inflicted to his head, neck, lower back, hip, knees and other parts of his body, are described as moderately severe and debilitating.

Garcia is blamed for failing to sufficiently apply brakes to her vehicle, failing to control her speed, failing to maintain a proper lookout and failing to maintain the vehicle in proper working condition.

Harrison seeks $300,000 in damages.

He is represented by the Pinkerton Law Firm.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 11-cv-1417

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