Galveston residents deny responsibility for local man's facial injury

GALVESTON - The defendants in a local man's lawsuit over a facial injury have submitted their original answer.

In court papers filed Jan. 29, Galveston residents Oscar and Georgia Barbin formally refute allegations fielded by Steve Kovacevich.

Kovacevich is suing the Barbins and their trust after an object fell on his face as he was performing work on their property on May 31, 2012.

According to the plaintiff, he was helping Oscar Barbin install a beam when a jack fell and struck him in the face.

The suit additionally points out that the defendants provided Kovacevich the supplies and materials he used for the task in question at the time of the subject event.

Oscar Barbin also gave the complainant instructions, the original petition says.

Meanwhile, the Barbins assert that they do not own the property where Kovacevich claims to have hurt himself.

They deny that their trust "is a proper party to this suit."

Kovacevich brought the apparent injury onto himself and failed to mitigate it, the five-page answer claims.

It seeks to ensure if the plaintiff recovers medical expenses, they're limited to "those amounts actually paid or incurred by or on [his] behalf."

Attorney Christopher C. Garcia with Mills Shirley L.L.P. in Galveston is representing the defendants.

Case No. 13-CV-0007