Defendants seek more time in horseback riding injury suit

John Suayan, Galveston Bureau Dec. 3, 2011, 8:57am

GALVESTON - Complaining they had no say in the trial date or the deadlines associated with the docket control order in the lawsuit against them, Santa Fe residents Stephen and Josh Williams have filed motions for continuance and a new DCO.

In a six-page document filed Nov. 9, the defendants asked that Galveston County 405th District Court Judge Wayne Mallia switch the current April 23, 2012, trial setting so they can have ample time to complete their discovery.

Melinda Hanks is suing Stephen and Josh Williams and Joseph and Delores Hall, also of Santa Fe, over injuries she reportedly sustained from a horseback ride on Dec. 4, 2008.

Hanks' original petition, filed Dec. 3, 2010, states the defendants invited the plaintiff over to their home to ride horses when "for reasons not clear to the plaintiff, the horse became uncontrollable and threw the plaintiff, injuring her."

The suit argues the respondents knew the horse was dangerous and should not have allowed Hanks to ride it.

Original answers were subsequently filed in light of the allegations.

Josh Williams was tabbed a defendant in Hanks' amended petition, which was entered Aug. 30.

The plaintiff acquired an order to non-suit the Halls on Oct. 24, leaving just the Williams as respondents.

According to their motions, several deadlines were already expired when the defendants were served and the Jan. 14, 2012, discovery deadline does not permit them to complete their discovery of the facts of the accident and the allegations regarding the plaintiff's injuries, retain their experts and conduct depositions of all involved.

The defendants also submitted a request for an oral hearing.

Christopher Bertini of Galveston is representing Hanks.

Case No. 10-cv-4271

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