John Suayan, Galveston Bureau Jan. 21, 2013, 1:05pm

GALVESTON - A motorist in an October 2012 lawsuit accused of killing two men and a dog with his vehicle on the Galveston Seawall has been non-suited, according to recent court records.

A four-page document submitted Jan. 2 into the estate of Steven L. Hunt's suit dismisses Matthew Shelton from the litigation, leaving The Beach Hut and I'd Rather Be LLC as the remaining defendants.

Hunt's surviving relatives allege Hunt, 42, and 43-year-old Joseph Owens were walking the aforementioned dog on the seawall last April 25 when Shelton ran into them with his red 2008 Mitsubishi Eclipse.

The suit asserts Shelton was reportedly intoxicated as he had just left the defendant businesses' nearby establishment after a drinking session, stating he lost control of the Eclipse and drove up onto the sidewalk in the 1300 block of Seawall Boulevard and fatally struck the pedestrians and the dog.

Authorities charged Shelton with two counts of intoxication manslaughter, and according to the original petition, he is accused of failing to maintain a proper lookout, failing to control the Eclipse and failing to timely apply the brakes.

Meanwhile, The Beach Hut and I'd Rather Be are blamed for serving him alcoholic beverages though he was already intoxicated.

An original answer refuting the suit was filed Nov. 15.

Attorney Keith C. Purdue with the Grossman Law Offices P.C. in Dallas is representing the plaintiffs.

Case No. 12-CV-2130

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