Dickinson man non-suits defendants in auto-pedestrian accident lawsuit

John Suayan, Galveston Bureau May 29, 2013, 1:42pm

GALVESTON - A Dickinson man who sought more than $1 million in damages after he was run over by a friend following his birthday celebration last year recently decided to close his lawsuit.

Court records show Joseph Gutierrez non-suited all three defendants in the case, which included a friend of his, on May 17.

Gutierrez sued La Marque local Angel Montemayor for striking him with her vehicle in the parking lot of The Escape on or around Oct. 26, 2012.

Montemayor was among a group of friends celebrating the occasion with the plaintiff at the Dickinson establishment.

The original petition alleged The Escape’s staff apparently “over-served” Montemayor despite her visibly intoxicated state “during the course of the evening,” adding Montemayor left the bar drunk but nevertheless attempted to drive her SUV.

“While backing out of her parking space, Montemayor ran over Gutierrez, causing several injuries,” the suit says.

The Escape's owners, Kemah resident Jack Mazzola and Dante Enterprises Inc., joined Montemayor as co-defendants.

The respondents did not provide original answers to Gutierrez's allegations.

Meanwhile, the plaintiff's counsel submitted a motion to withdraw last month on grounds he "made continued representation impossible by failing to follow counsels' advice and by not responding to counsels' written and telephonic contact attempts and requests."

Galveston County 212th District Court Judge Susan Criss granted the motion the same day Gutierrez submitted a notice to non-suit.

Case No. 13-CV-319

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