Fall at Moody Gardens results in lawsuit

John Suayan, Galveston Bureau Jan. 8, 2013, 9:31am

GALVESTON - Sugar Land resident Esther F. Tarlo is suing Moody Gardens Inc. in response to a fall she took down some stairs at its premises two years ago, recent court documents say. 

A lawsuit filed Dec. 28 in Galveston County District Court shows Tarlo apparently injured herself while she and her grandson were about to watch a movie at the defendant's IMAX theater on Jan. 1, 2011.

The suit explains that Tarlo went to the front entrance to get some 3-D glasses for her and her grandson when the subject event occurred.

According to the original petition, the plaintiff made her way toward the hallway leading to the theater's entrance when she "fell over the carpet that was not installed properly."

Tarlo adds she went down the stairs and hurt her ankle, knee and hip.

The alleged incident took place because the hallway "did not have any lighting so that a patron could see where they were walking," the suit says.

The area where Tarlo supposedly injured herself was under renovation.

Moody Gardens is faulted for:

  • Failing to provide adequate lighting;

  • Failing to properly install the carpet;

  • Failing to provide necessary and proper procedures;

  • Failing to properly maintain and inspect the property;

  • Failing to use due care in the design of the hallway; and

  • Failing to warn Tarlo of the purportedly unsafe condition.

Consequently, the complainant seeks unspecified monetary damages and a jury trial.

She is represented by attorney John C. Osborne of Houston.

Case No. 12-CV-3185

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