GALVESTON - Academy Ltd. recently submitted a motion to compel discovery in a physician's lawsuit against it, requesting the plaintiff produce more volumes of tax returns.

In the 13-page document filed Oct. 28 before the Galveston County 122nd District Court, the sporting goods retailer claims Dr. Rafael Lugo "had produced some tax returns and financial records to support his lost wage claim, however, the production was incomplete and there were several documents missing."

Lugo is suing Academy in response to a severe arm injury he sustained on March 13, 2010, as he tried to remove a box of gym flooring products.

According to the original petition, the box was in a section of the store which carried flooring materials that weighed less than 5 pounds.

The package was a plain white box with no markings, but was the same size and appearance of the other products, the suit says.

Lugo claims the box felt heavier than the others as he tried to remove it from the shelf, and it fell to the ground.

Academy asks to see Lugo's complete tax returns from 2007 to the present day.

It currently has the plaintiff's returns from 2008 and 2010, which the motion deems "were only partial returns."

"The documents requested are very relevant as they will allow the defendant to calculate what Dr. Lugo's lost wage claim may be," the motion says.

Attorney Gary G. Green of Houston is representing the defendant.

Case No. 10-cv-4093

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