Man clearing Rita debris falls in hole, sues homeowners

Shortly after Hurricane Rita, Raymond and Debby Turner hired Larry Garrison to repair some property damage caused by a falling tree. While working in the Turner's backyard, Garrison stepped into a hole and injured his knee.

Garrison filed a personal injury lawsuit against the Turners with the Orange County District Court on May 16. Judge Patrick Clark, 128th Judicial District, will preside over the case.

He intends for discovery to be conducted under Level 3, the highest level allowed under Texas Civil Law.

According to Garrison's petition, he was hired on Dec. 8, 2005. "While working in the backyard, plaintiff stepped into a deep hole resulting in injury to his right knee."

"The hole was an unreasonably dangerous condition which defendants either knew or should have known of, and had a duty to warn the plaintiff about," the suit said.

The suit faults the Turners' with premise liability. "The condition of the premises posed an unreasonable risk of harm. The defendants' breached their duty of care by failing to make the condition safe and warn plaintiff."

Garrison is seeking unliquidated damages in an amount within the jurisdictional limits of the court. He is suing for past and future physical pain, mental anguish, physical impairment, medical expenses, lost wages, and loss of earning capacity.

Garrison is represented by Brent Coon & Associates attorney Ryan Scott and is demanding a trial by jury.

Case No. A070-253-c