GALVESTON - Asserting it neither owned nor operated the Galveston Yacht Club at the time that one of its clients was shot, the Sealy & Smith Foundation has submitted a motion for summary judgment.

James P. Dillmon is suing Sealy & Smith, claiming he was attacked by a man at the yacht club on Jan. 11, 2010. He alleges there was a security breach at the yacht basin.

Dillmon claims a hole in the fence enabled a man to approach and open fire on him as he was performing maintenance work on his sailboat.

According to court papers filed Jan. 5 before the Galveston County 10th District court, Dillmon had a contract with the Galveston Yacht Club that included storage for his boat and security in the form of guards and fencing.

However Dillmon claims a portion of the fence on the west side of the storage lot was broken, which enabled a man to sneak in with a Reck P8 6.35-mm handgun and attack him, the suit says.

The plaintiff sustained a reported injury to the stomach.

Meanwhile, police arrived at the scene to watch the gunman sit down on the ground in the middle of the lot and shoot himself in the head.

Sealy & Smith filed an original answer last month.

In its seven-page motion entered March 5, Galveston Yacht Club claims the subject property was owned by Harbor Properties Inc. and operated by Galveston Yacht Club Inc., so Sealy & Smith has no liability toward the plaintiff.

"The Sealy & Smith Foundation is not a proper party, as it has no connection whatsoever with the incident made the basis of this suit," the document says.

A hearing to discuss the motion is set for April 11 at 4 p.m.

Case No. 12-cv-0011

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