GALVESTON - A Houston woman alleges her minor son was hurt during their visit to the Kemah Boardwalk two years ago, recent court documents say.
Gabriela Avellana's lawsuit against Landry's Inc., Landry's Crab Shack Inc., Landry's Seafood Kemah Inc. and Landry's Seafood Inn & Oyster Bar, Kemah Inc. shows the venue's railroad crossing arms injured the boy as he and his mother made their way to the dancing water fountains on Aug. 29, 2010.
The original petition, filed Aug. 30 in Galveston County District Court, says the plaintiffs crossed the railroad tracks when the incident in question occurred "without any sirens, bells or horns."
According to Avellana, the child then fell to the ground and suffered injuries to his face, nose, neck and back.
"The malfunctioning railroad arms at the Kemah railroad at the Kemah Boardwalk posed an unreasonable risk of harm because the malfunctioning arms would fall on individuals crossing the railroad tracks causing individuals to severely injure themselves," the suit insists.
"The dangerous condition existed long enough at the Kemah Boardwalk that the defendants did or should have discovered it upon reasonable inspection."
Consequently, the complainants sue for physical pain, mental anguish, lost wages and medical expenses.
Attorney Michelle C. Blum with the Blum Law Firm P.C. in Houston is representing them.
Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.
Case No. 12-cv-1890