John Suayan, Galveston Bureau Jan. 30, 2013, 12:59pm

GALVESTON - A second lawsuit has been filed in response to the April 2012 auto-pedestrian accident in Galveston which allegedly killed two men and a dog. 

The estate of Joseph Owens is suing The Beach Hut and Lamar County resident Matthew Green Shelton, claiming Shelton was reportedly intoxicated when he fatally struck Owens with his vehicle on April 25, 2012.

Recent court documents show that the decedent, 43, and 42-year-old Steven L. Hunt were walking a dog on the Galveston Seawall when Shelton ran into them with his red 2008 Mitsubishi Eclipse.

According to the suit, Shelton was intoxicated after drinking at The Beach Hut.

He allegedly lost control of the Eclipse and drove up onto the sidewalk in the 1300 block of Seawall Boulevard and hit the pedestrians and the dog, the original petition says.

Authorities charged Shelton with two counts of intoxication manslaughter and the suit faults him for failing to maintain a proper lookout, failing to control the Eclipse and failing to timely apply the brakes.

Meanwhile, The Beach Hut is blamed for serving him alcoholic beverages to Shelton although he was already intoxicated.

As previously reported, Hunt's family filed suit last October only to non-suit the driver earlier this month.

Owens's estate consequently seeks unspecified monetary damages.

Attorney Dale Paschall of Houston is representing the plaintiffs.

Galveston County 10th District Court Judge Kerry L. Neves is presiding over the case.

Case No. 13-CV-127

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