Man blames poor pier maintenance in suit against Galveston restuarant

By John Suayan, Galveston Bureau | Mar 23, 2010

GALVESTON - A Harris County man blames a Galveston restaurant for injuries he sustained in a fall on the premises almost two years ago, recent court documents state.

Harry Sturges' lawsuit against LaFitte's Harbor Development I L.P. and Schwartz-Edwards GP L.L.C., doing business as The Waterman Restaurant, faults the eatery for poor maintenance of its pier.

The case was filed Mar. 16 in Galveston County District Court.

According to the original petition, on May 10, 2008, Sturges fell through a rotten board on the pier that extended out from the restaurant.

"This fall was a proximate result of the negligently dangerous condition of the Waterman Defendants' pier," the suit says.

It adds that the defendants had a recurring problem with the upkeep of the pier.

"Prior to Mr. Sturges' injury, ...the Waterman Defendants were told of the rotten, dangerous condition of boards on the pier and the necessity to replace the rotten boards in order to protect the safety of the restaurant's patrons," the suit says.

"Nevertheless, the Waterman Defendants negligently failed to rectify the condition and their negligence was a proximate cause of the plaintiff's injuries and damages."

Sturges claims that he suffered physical pain and mental anguish because of the alleged incident.

He seeks unspecified monetary damages and a jury trial.

Austin attorney Price Ainsworth is representing the plaintiff, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 10cv0765

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