Answer: Moody Gardens refutes Sugar Land woman's allegations

John Suayan, Galveston Bureau Feb. 12, 2013, 9:37am

GALVESTON - Moody Gardens Inc. formally denies responsibility for injuries allegedly sustained by a female guest at its IMAX Theater last year, recent court documents say.

An original answer was entered into Sugar Land resident Esther F. Tarlo's lawsuit on Jan. 24, countering each and every one of the plaintiff's allegations. 

In the original petition submitted Dec. 28, Tarlo claims she fell down the stairs near the entrance of the theater on Jan. 1, 2011.

Tarlo went to get some 3-D glasses for her and her grandson when she "fell over the carpet that was not installed properly," according to the suit.

The plaintiff adds she hurt her ankle, knee and hip, stating the area where she injured herself was under renovation and “did not have any lighting so that a patron could see where they were walking.”

Moody Gardens insists the complainant was "negligent on the occasion" and the condition of the premises "did not pose an unreasonable risk of harm."

Its rebuttal also says the defendant did not know about the condition.

Attorney Kevin B. Finkel with Hill & Finkel LLP in Houston is representing Moody Gardens.

Case No. 12-CV-3185

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