Suit alleges apartments failed to warn of wet paint on stairs

GALVESTON - A Galveston County man is suing a local apartment complex and its management over injuries he sustained from a fall last year.

Elbert Warner's lawsuit against Island Bay Resort Apartments, Island Bay L.P. and TCI Island Bay Corp., doing business as Island Bay Resort, claims he was severely injured on April 9, 2009, when he fell on the stairs that had been recently painted.

The suit was filed March 19 in Galveston County District Court.

Warner claims the defendants made no effort to warn about the dangerous condition of the stairs.

"The recently painted stairs did not have a caution or wet paint sign on them," the suit says. "The staircase was not closed during the painting process."

Consequently, the plaintiff is seeking unspecified monetary damages for physical pain and mental anguish, lost wages, and medical expenses as well as a jury trial.

Warner is represented by Houston attorney Adam J. Rosenfeld, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 10-cv-0782