Wrongful death suit filed over PA fireman's fall from beach house balcony

John Suayan, Galveston Bureau Dec. 3, 2011, 10:00am


GALVESTON - The family of a Hardin County man who fell to his death at a Crystal Beach residence has filed a lawsuit.

Kalyn Layton, who represents the estate of Steven Duane McShan, and David and Darci McShan, allege Nacogdoches resident Kelley Moon and Swede's Beach Properties Inc. contributed to the 24-year-old Lumberton native's death on July 2. The family filed a lawsuit Nov. 28 in Galveston County District Court.

The suit states Steven Duane McShan was invited to the beach house owned by Moon in Antigua Circle when he fell from the third floor balcony.

According to an article in the Port Arthur News, McShan was an off-duty Port Arthur firefighter attending a party at a friend's beach house over the Fourth of July weekend. McShan fell about 40 feet while trying to climb a balcony to a third level where children were playing when a railing gave way.

The lawsuit states homeowner Moon brought Swede's in to perform maintenance and other real estate services on the property, including making sure the house was in a safe and habitable condition and advertising the home as available for rent.

The plaintiffs show the condition of the balusters on the railings "presented an unreasonable risk of harm to the invitees," and caused Steven Duane McShan's death.

Both respondents are faulted for failing to remedy the problem.

Consequently, the complainants seek unspecified monetary damages and a jury trial.

They are represented by Clay Dugas & Associates in Beaumont.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 11-cv-1877

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