GALVESTON - An area woman has filed a personal injury lawsuit against Moody Gardens Inc. and Palm Beach At Moody Gardens Inc. on behalf of a child she claims was injured two years ago at the Galveston attraction.
In court papers filed July 1 in Galveston County Court at Law No. 3, Ashley Valdez states that Marcus Torres was at Palm Beach on July 4, 2011, when he tripped and fell on a metal object and struck his chin on said object.
The suit states that the boy suffered a gash to his chin and required medical attention.
It asserts the defendants failed in their duty to protect and safeguard the child from "unreasonable" dangerous conditions on the premises or to warn of their existence.
"The defendants knew or should have known of the condition on its premises," the original petition says.
"Additionally, the defendants created the condition and it was foreseeable that someone would trip and fall."
They are additionally blamed for:
- Maintaining a dangerous condition upon its premises;
- Failing to inspect the premises in order to discover the dangerous condition;
- Failing to correct the dangerous condition;
- Failing to warn;
- Failing to provide a reasonably safe place; and
- Failing to properly supervise employees.
Consequently, Valdez seeks unspecified monetary damages and a jury trial.
Attorney Darrell A. Apffel of Bettison, Doyle, Apffel & Guarino P.C. in Galveston is representing the complainant.Cause No. 70,219