Plaintiff gets take-nothing judgment in suit against Galveston police

GALVESTON - A personal injury lawsuit arising from a pedestrian being struck near the Galveston Seawall has ended.

An agreed final judgment in favor of the city of Galveston was entered Jan. 5 into Alejandra Leal's suit against police officer Alfred James Paige and the city, just about three weeks before the litigation's one-year mark.

According to court documents submitted Jan. 24 before the Galveston County 56th District Court, plaintiff Leal was crossing the street in the 5200 block of Fort Crockett Boulevard on Nov. 3, 2010. Defendant Paige, who was driving a truck belonging to the city, turned left out of a private drive and collided with her.

The original petition asserts that the driver "failed to yield to a pedestrian and struck (her) with great force and violence."

Leal insists "nothing she did nor failed to do caused or in any way contributed to cause the occurrence in question or the resulting injuries and damages she sustained."

The plaintiffs submitted an original answer on March 3, stating Leal's allegations should be dismissed because legal action was sought against both a governmental unit and one of its employees.

The petition and the answer were later revised through the course of the year.

Galveston County 56th District Court Judge Lonnie Cox ruled that Leal take nothing from the city, ultimately disposing all parties and claims.

Mills Shirley LLP represented the defendants.

Case No. 11-cv-102