Man claims injuries at home construction site

John Suayan, Galveston Bureau Nov. 15, 2011, 5:29am

GALVESTON - Claiming he fell at a home construction site in Galveston, Seabrook resident Gary Hahn has filed a lawsuit.

Court papers filed Nov. 3 in Galveston County District Court say Houston resident C.M. Garver bears responsibility for the Sept. 27, 2010, incident since he was the owner and general contractor of the property.

Hahn, who worked for Villareal Drywall, got the assignment as part of a contract with Garver for drywall construction and installation.

According to the original petition, the plaintiff had arrived on the site and was in the process of performing a quality check when he fell into an unguarded and unprotected hole or opening to the level below, a distance of approximately 14 feet.

The plunge left Hahn with "severe and incapacitating" injuries which required surgery, the suit says.

It faults the respondent for breaching its "duty to exercise ordinary care to keep the premises in a reasonably safe condition, to provide a safe workplace and to inspect the work site to discover latent defects and make safe any defects or give adequate warning of danger."

"The defendant knew or should have known that the condition of the work site created an unreasonable risk of harm to contract workers such as the plaintiff, and failed to remedy the condition or to warn the plaintiff," the suit says.

Consequently, he seeks unspecified monetary damages.

Hahn is represented by Hahn, Burch & Haddad.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1751

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