Suit against condo says woman fell on broken concrete

John Suayan, Galveston Bureau Jul. 6, 2012, 9:00am


GALVESTON - Local resident Zena Foster has filed suit in response to an alleged fall at a Galveston condominium complex last year.

A lawsuit filed July 5 against Tampico Cove Condominiums Owners Association Inc. in Galveston County District Court claims Foster fell while walking through a common area at Tampico Cove Condominiums on May 28, 2011.

Foster says the alleged incident occurred when suddenly and without warning she tripped over broken and uneven concrete.

"Specifically, the location and condition of the broken and uneven concrete near the carports posed an unreasonable risk of harm to the invitees of the defendant of which the defendant knew or should have known," the original petition says.

The owners association is faulted for:

  • Failing to maintain the premises;
  • Failing to correct the unreasonably dangerous condition;
  • Failing to warn;
  • Failing to properly conduct an inspection;
  • Failing to properly train employees;
  • Failing to implement and enforce proper policies; and
  • Failing to properly and adequately supervise and oversee the subject property.

    Consequently, the plaintiff sues for physical pain and impairment, disfigurement, mental anguish and medical expenses.

    Attorney Jonathan C. Kieschnick with The Crim Law Firm in Houston is representing Foster.

    Galveston County 10th District Court Judge David Garner is presiding over the case.

    Case No. 12-cv-1467

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