GALVESTON � Sheila Lund is suing the city of Galveston over a fall she reportedly took on one of its streets.

According to a lawsuit filed June 9 in Galveston County District Court, Lund injured her finger when she lost her balance stepping on a sidewalk in the 2700 block of Broadway Boulevard on Dec. 15, 2009.

The plaintiff says she had just exited her car at the time of the incident, when she stepped onto a sidewalk that was in disrepair, the original petition states.

The suit states Lund lost her step and struck the base of a pay phone that remained embedded in the sidewalk.

The location of the harm is in the city's right of way, according to the suit.

Court papers argue that the Texas Legislature has waived sovereign immunity for personal injury claims arising from a premises defect.

"The defect represents an obstruction in the highways, roads or streets and the city possessed a duty to warn of the condition in the roadway," they state.

Lund gave oral notice when her husband contacted the city within a six-month period, providing the location of the defect, the date of the incident, the nature of the injury and a request for the base's removal.

She seeks unspecified monetary damages.

Attorney Anthony P. Griffin of Galveston is representing the plaintiff, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 11-cv-916

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