GALVESTON – A local man states he was involved in an accident with a stray horse and is suing the horse's owner, recent court documents say.

Justin R. Cantu's lawsuit against Texas City resident Jonathan Roush, filed March 19 in Galveston County District Court, claims Cantu collided with the animal in the early morning hours of Sept. 11, 2010.

The plaintiff was driving his 1999 Ford Contour in the southbound outside lane of Highway 3 when the alleged wreck occurred, the suit says.

Cantu claims the horse walked along the same lane, but he found it impossible to move around it.

"Due to the lack of warning, the plaintiff was unable to avoid the horse and his vehicle crashed into the same causing substantial damage to the plaintiff's personal property and person," the original petition says.

The suit states the horse had "gotten out of the pasture through a fence that needed mending."

Roush is faulted for failing to control the livestock in accordance to Texas Agricultural Code and local stock laws, failing to properly maintain the fence retaining said livestock and failing to warn motorists.

Consequently, Cantu seeks unspecified monetary damages and a jury trial.

He is represented by The Law Firm of Alton C. Todd.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 12-cv-494

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