A Dickinson, TX, man is suing the city and its general contractor for damages after he fell 10 feet into a storm drain on his street.
According to court discovery documents filed Sept. 6 in the 122nd District Court of Galveston County, Erik Forrest filed a complaint against Lucas Construction Company and the City of Dickinson. The complaint says that the City of Dickinson hired Lucas Construction Company for a construction project meant to widen roads and improve drainage on his street, Pin Oak Drive. The complaint says neither Forrest nor his neighbors were provided any type of accommodation during construction, and that they did not have access to their driveways. The filing says the street improvement in front of Forrest’s home was only in rebar, and he was forced to park in a different location.
“As such, the only navigable option for Mr. Forrest was to walk near a newly installed storm drain at the dead end of the street on Pin Oak Drive, and walk through his neighbors’ yard in order to gain access to his own home,” the complaint says.
The complaint says on or near Sept. 21, 2021, he returned home from a school event and parked at the dead end of the street. He exited his vehicle, and as he was attempting to get back to his home in the dark, the complaint says, “Mr. Forrest fell approximately 10 feet through the storm drain, causing a severe injury to his right hip and hitting his head.”
The complaint says this caused injuries to his brain.
The complaint alleges there was no reasonably safe way of passage by which the plaintiff could access his home; nor any signage, warning, nor lighting. The complaint alleges negligence and premises liability against Lucas Construction and the City of Dickinson, and and gross negligence against Lucas Construction.
The plaintiff is seeking damages for past and future physical pain and suffering; mental anguish; bodily impairment and disability; medical expenses; disfigurement and scarring; discomfort; and annoyance. He also asks for exemplary damages, costs of court, and any other just relief.
The plaintiff is being represented by Charles P. Dunkel Jr. and Ashley N. Thomas of Thomas Dunkel Law PLLC in League City, TX.