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SOUTHEAST TEXAS RECORD

Friday, April 19, 2024

Amended petitions, original answer added to severed thumb lawsuit

GALVESTON - Revisions were recently made to the original petition of a lawsuit over an alleged severed digit. 

Humble resident Icha D. Kerr is suing Schlitterbahn Galveston Island Water Park after her minor daughter reportedly lost her thumb after she was sucked into a vent in the wave pool.

In the suit filed Oct. 4, 2012, Kerr states that the child was playing in the wave pool on Aug. 25 “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 mother further states that other swimmers were able to remove her hand from the vent, but “her thumb was no longer attached to her hand," stating she tried to stop the "profuse" bleeding until more appropriate medical attention was given.

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

The complaint was amended twice over the two months since Kerr began pursuing legal action.

The first amended petition includes the specified monetary damages in the amount of at least $750,000 while the subsequent petition states that the defendant was incorrectly named.

Galveston Waterpark Management Inc. filed its formal response to the allegations on Jan. 18.

Attorney Jonathan H. Hull with Reagan Burrus PLLC in New Braunfels is representing the respondent.

Case No. 12-CV-2131

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