GALVESTON – A League City woman has filed a $250,000 lawsuit against the County of Galveston after allegedly sustaining an injury while walking on the Galveston Seawall a few months ago.
Michelle Brown sued the county over the incident in the Galveston County 10th District Court on Dec. 8, stating that she stumbled on a flight of stairs from the seawall to the beach and twisted her foot. Per Brown, the county failed to maintain and keep the stairs in a safe condition.
Asserting the stairs “were broken and in a state of disrepair,” the suit explains: “The defendant knew or should have known of the condition the stairs were in and either not allowed anyone to use them or warn individual(s) of the state they were in.”
The suit raises the issue of respondeat superior liability against the county.
“The plaintiff will show that the defendant in this action is an employer,” the original petition says. “An employer is vicariously liable for the torts of an employee acting within the scope of the employment even though the employer did not personally commit the tort. The plaintiff was injured as a result of a tort. The tortfeasors were employees of the Defendant. The tort was committed while the employee was acting within the scope of employment.”
A jury trial is requested.
Attorney Jose Luis Orihuela of the law firm Orihuela & Associates, P.L.L.C. in League City is representing the complainant.
Galveston County 10th District Court Case No. 16-CV-1422