Man says fall at neighbor's injured foot

John Suayan, Galveston Bureau Jan. 9, 2012, 10:48pm

GALVESTON - An Arkansas man says a fall at an acquaintance's Dickinson residence left him with a foot injury that rendered him immobile.

Little Rock, Ark., resident Robert David Lewis is suing Henry Clay Moore over the Dec. 30, 2009, incident, alleging Moore's property's front porch lacked rails, lights and tape.

Lewis also lists Florida resident Bob Leman whom Moore reportedly hired to perform post-Hurricane Ike renovations.

Court papers were filed Dec. 19 in Galveston County Court at Law No. 3.

According to the original petition, Lewis went to Moore's home to return the latter's copy of The 9/11 Commission Report the evening of Dec. 30, 2009, when he "fell off the front porch approximately four feet onto a gravel yard breaking his right tibia and fibula" upon leaving.

The plaintiff further explains that he had a friend drive him to his sister's in Richardson and then his native Little Rock where he surgery on Jan. 2, 2010.

He adds he was doing fine for the first two months after the procedure, but his foot later "began to be extremely painful and his movement was impaired."
"X-rays showed that the heel had rotated in the space between the tibia and fibula so that only a tip of the heel touched the bottom of the tibia instead of the entire width of the heel causing the painful bone to bone contact," the original petition says.

Lewis states he underwent another surgery earlier this year which supposedly had the same results as the operation a year before, asserting he was told "there appeared to be no solution other than ankle replacement or ankle fusion."

"The last physician the plaintiff Lewis saw prescribed a leg brace to keep the heel from rotating which the plaintiff Lewis wears at the present time," the suit says.

It additionally argues that the complainant "has been unable to run but a few feet since the fall and not been able to walk more than a few blocks since the fall."

Lewis, who is representing himself, consequently seeks unspecified monetary damages and a jury trial.

Galveston County Court at Law No. 3 Judge Christopher Dupuy is presiding over the case.

Cause No. 66,598

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