Continuance granted in 'Boardwalk Beast' injury suit
GALVESTON - Galveston County 122nd District Court Judge John Ellisor recently approved a joint agreed motion for continuance in a Harris County family's lawsuit over a terrible ride at the Kemah Boardwalk.
The order, signed Sept. 2, continues the trial until May 14, 2012, and calls for a new docket control order to be issued.
As previously reported, Jill and Douglas Abel sued Landry's Restaurants Inc. in October 2010 after Jill Abel, her son, daughter and step-daughter allegedly sustained whiplash during a ride on the Boardwalk Beast on July 14, 2010.
According to the original petition, Jill Abel, who was pregnant at the time of the incident in question, and the children were seated on the Boardwalk Beast when the boat accelerated to very high speeds, and the captain began to cause it to thrust back and forth.
Jill Abel says she was ejected from her seat and into a railing as were the children, one of whom was knocked unconscious.
She claims to have torn her pubic symphisis and experienced complications during her pregnancy.
Landry's filed its original answer Dec. 6, insisting the plaintiffs' allegations "fail to plead with any specificity what the 'several duties' Landry's allegedly violated to cause the plaintiffs' injuries."
The respondent additionally argues that it is unable to determine the issues it must meet nor fully prepare its defense since the complainants failed to state what it did or did not do that constituted negligence or failure to use ordinary care.
Royston, Rayzor, Vickery & Williams is representing Landry's.
Case No. 10-cv-3950