White model carriage from Seahorse & Classic Carriage

GALVESTON – A family's ride in a horse drawn carriage through Galveston's historic East End District this summer ended in a lawsuit after the carriage overturned.

Now the family has filed a personal injury lawsuit against the carriage company, alleging the incident was caused by an unreasonably dangerous condition.

Local resident Kathy Overton -- on behalf of minors Nicholas, Elton and Kyra Clark -- filed the personal injury lawsuit on Dec. 8 in Galveston County District Court against Santa Fe residents Carol and David Young, doing business as Seahorse & Classic Carriage Companies.

Overton alleges the business failed to take any precautionary measures to safeguard a reportedly malfunctioning carriage that carried her and the three children, who were visiting from Louisiana, on July 16.

"Plaintiffs hired defendants for a carriage ride tour," the suit says. "While in the carriage, it overturned, causing injuries to the plaintiffs."

Court papers do not elaborate on the circumstances which led to the accident, the event's exact location, or the extent of the plaintiffs' injuries.

They, however, argue the incident was caused by "an unreasonably dangerous condition which defendants created, knew, or should have known about as well as the defendants' activities."

The plaintiffs are said to have sustained bodily injuries, medical expenses, physical pain, mental anguish and physical impairment.

Overton claims the incident rendered her unable to work therefore seeks restitution for loss of earning capacity and lost wages.

Seahorse & Classic Carriage Companies is ultimately faulted for negligence.

Houston attorney Michael L. Herzik is representing the plaintiffs, and the case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 08CV1212

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