Alleged physical assault focus of local man's lawsuit

John Suayan, Galveston Bureau Jul. 8, 2013, 10:59am

GALVESTON - Claiming he was the victim of a physical assault last year, local resident Christopher Malbrough has filed a lawsuit.

Recent court papers filed July 2 in Galveston County District Court pin the April 1, 2012, incident in question on Derek McGahee. 

Malbrough alleges that he was walking down the street when McGahee "perpetrated a violent and aggressive bodily assault" against him.

"The attack from the defendant McGahee was unprovoked," the original petition says.

It adds the aforementioned assault knocked the plaintiff unconscious as well as caused severe, painful injuries and facial disfigurement.

McGahee is blamed for:

  • Intentionally assaulting and battering the plaintiff with his hands, feet and fists;

  • Placing the plaintiff in apprehension of a battery;

  • Creating an unnecessarily dangerous condition to others; and

  • Failing to exercise ordinary care in his physical aggression.

Consequently, Malbrough sues for physical pain, mental anguish, disfigurement, impairment and lost wages.

He seeks no more than $25,000 in damages.

A jury trial is reportedly requested.

Attorney Nathan Z. Robinson of Kemah is representing the complainant, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 13-CV-863

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