Personal injury suit over fall on Galveston sidewalk dismissed

John Suayan, Galveston Bureau Oct. 3, 2011, 3:55pm

GALVESTON - A December 2010 lawsuit resulting from a fall on a Galveston sidewalk was recently disposed.

Galveston County 405th District Court Judge Wayne Mallia issued an order Sept. 2 granting defendant Todd W. Slaughter's no-evidence motion for summary judgment.

Patti Browning sued Slaughter and the city of Galveston last Dec. 17 after she injured her knees and elbows in front of his residence on Dec. 14, 2008.

According to court documents submitted at the time, Browning was at Slaughter's residence in the 1720 block of Ave. M when she fell from a shallow step along the sidewalk.

The plaintiff went to place her purse in her vehicle a little after 5:30 p.m. that evening.
Browning says the fall occurred because of "the step was inconspicuous in the darkness."

The original petition blames Slaughter for not providing proper lighting and failing to warn the complainant and his other guests about the potential dangers surrounding the step in question while it faults the city simply because the sidewalk on which Browning hurt herself is its property and responsibility.

Slaughter filed his motion on July 28, asserting Browning "cannot, by depositions, answers to interrogatories, admissions on file, or other admissible evidence, demonstrate that there is any evidence to support its claims."

He also contends there is no evidence of premises liability or gross negligence on his part.

Attorney Tracy Jackson Cowart of Houston is representing Slaughter.

Case No. 10-cv-4361

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