Young girl's severed thumb at water park triggers lawsuit

By John Suayan, Galveston Bureau | Oct 8, 2012

GALVESTON - Alleging her minor daughter lost her thumb after she was sucked into a wave pool vent at a Galveston water park, Humble resident Icha D. Kerr pursues legal action.

A lawsuit filed Oct. 4 against Galveston Island Water Park L.P. in Galveston County District Court states Serenity C. Davis was playing in the wave pool at Schlitterbahn Galveston Island Waterpark at the time of the Aug. 25 incident.

Court papers say the child was waiting near the pool's wall for the next wave "when she felt her hand being suctioned into the wall's vent."

"While her thumb was being suctioned into the vent, the wave pool's currents were pulling her in the opposite direction," the original petition states.

The suit adds that other swimmers were able to remove her hand from the vent, but "her thumb was no longer attached to her hand."

Kerr recalls holding her daughter's hand above the water in an effort to stop the "profuse" bleeding.

The child, who joins her mother as a co-plaintiff in the case, was then placed in a wheelchair while further pressure was applied to her thumb until more appropriate medical attention was given.

Kerr blames the water park for not providing advanced warning ahead of the subject event. She also faults the venue for failing to properly maintain and survey the premises as well as failing to eliminate any potential risks or dangers.

Neither Kerr or her daughter did anything to bring forth their injuries and damages, the suit insists.

Attorney Daniel D. Horowitz III with Abraham, Watkins, Nichols, Sorrels, Agosto & Friend in Houston is representing the complainants, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 12-cv-2131


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