Suit over man's fall from beach house filed in Jefferson County

Kelly Holleran Feb. 6, 2012, 9:10am

The wife of a recently deceased man has filed suit against the owner of a home where the man fell from a third-floor balcony.

Kalyn Layton claims her husband, 24-year-old Steven Duane McShan, fell from the third-floor balcony of a home he was renting on Antigua Circle in Crystal Beach on July 2. Because of the fall, McShan died, according to the complaint filed Jan. 30 in Jefferson County District Court.

Due to her husband's death, Layton incurred medical and funeral costs and experienced pain, suffering and mental anguish, the suit states.

As the Record reported in December, Layton filed a suit in Galveston County over the incident, but that suit was dismissed on Jan. 20.

In her complaint, Layton names Kelley Moon, who owned the home, as a defendant, saying Moon negligently failed to inspect the ballisters of the railing and failed to warn of the dangerous condition of the ballisters.

Layton also names Swede's Beach Properties as a defendant. Swede's Beach was in charge of leasing the premises, but failed to warn of the dangers of the home, the suit states.

Bishop Enterprises is also named as a defendant. The company performed renovations and construction on the home following Hurricane Ike, but was negligent in the way it constructed the ballisters, the complaint alleges.

Defendant Aran and Franklin Engineering approved the construction, despite the negligent design of the ballisters, according to the complaint.

Layton is seeking a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the highest legal rate and other relief the court deems just.

Clay Dugas and Mike Jacobellis of Clay Dugas and Associates in Beaumont will be representing her.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E191-848

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