GALVESTON - Oct. 26, 2012 was not a happy birthday for Dickinson local Joseph Gutierrez.
What was supposed to be a night of celebration resulted in an event which led to Gutierrez filing suit against one of his friends, a local bar and its owners.
Recent court papers submitted Feb. 28 in Galveston County District Court claim La Marque resident Angel Montemayor struck Gutierrez in the parking lot of The Escape, which is owned by Kemah local Jack Mazolla and Dante Enterprises.
Montemayor was reportedly part of a group of friends celebrating the occasion with the plaintiff at the defendants' Dickinson establishment.
The suit asserts The Escape's staff apparently "over-served" Montemayor despite her visibly intoxicated state "during the course of the evening."
According to the original petition, Montemayor left the bar drunk but nevertheless attempted to drive her SUV.
"While backing out of her parking space, Montemayor ran over Gutierrez, causing several injuries," the suit says.
It faults the motorist for failing to keep a proper lookout, failing to take evasion action and driving erratically and recklessly.
Consequently, the plaintiff seeks more than $1 million in damages and a jury trial.
He is represented by attorney Christopher C. Garcia with Mills Shirley L.L.P. in Galveston.
The case has been assigned to Galveston County 212th District Court Judge Susan Criss.
Case No. 13-CV-319