John Suayan, Galveston Bureau Feb. 25, 2013, 3:30pm

GALVESTON - A local fitness club formally replied to a lawsuit alleging a child was injured at its daycare center almost a year after the litigation began, recent court records show.

Galveston Racquet Club Inc. submitted its original answer before the Galveston County 122nd District Court on Feb. 15.

Paul Garza filed suit against the exercise facility on March 19, 2012, stating the defendant did not take measures to prevent his young son from hurting himself at the Galveston Health & Racquet Club on March 18, 2010.

Garza entrusted the child to the club for daycare, but the boy "was allowed, either through consent or inadequate supervision, to climb atop a blue, plastic covered foam block, approximately 4 feet tall," the original petition says.

The father adds "(the child) fell and broke his wrist and growth plate," speculating "he may have suffered permanent and disabling injuries as a result of this accident."

Garza further argues the respondent “should have known placing tall, awkward, climbing obstacles throughout the premises for young children to climb on would result in unnecessary injuries to those children.”

Meanwhile, the defendant insists the child's purported injuries were "caused solely by unforeseen or unforeseeable circumstances and/or actions of the plaintiff that were beyond the reasonable control of the defendant."

It contends Garza's allegations were made way past the two-year statute of limitations.

Attorney David L. Miller with Miller, Scamardi & Carrabba PC in Houston is representing the respondent.

Case No. 12-CV-500

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