Man claims son injured at fitness club daycare center

John Suayan, Galveston Bureau Mar. 27, 2012, 5:59am

GALVESTON � After his young son sustained injuries at a local fitness facility's daycare center, Paul Garza has filed a lawsuit.

Garza's suit against Galveston Racquet Club Inc. insists the defendant did not take measures to prevent the child from hurting himself at the Galveston Health & Racquet Club on March 18, 2010.

Court papers show the plaintiff entrusted the boy to the club for the purposes of daycare.

The suit claims the boy "was allowed, either through consent or inadequate supervision, to climb atop a blue, plastic covered foam block, approximately four feet tall."

"(The child) fell and broke his wrist and growth plate," the original petition says.

"He may have suffered permanent and disabling injuries as a result of this accident."

His father believes the defendant "should have known placing tall, awkward, climbing obstacles throughout the premises for young children to climb on would result in unnecessary injuries to those children."

The club is also faulted for negligently placing "these obstacles" on the premises, failing to inspect the area, failing to remove said obstacles and failing to give warnings.

Garza consequently sues for medical expenses, physical pain and suffering, impairment, disfigurement and mental pain, suffering and anguish.

He and his son are represented by attorney David Buergler of Galveston.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 12-cv-500

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