Moody Gardens insists Round Rock man's alleged slip and fall was 'unavoidable'

GALVESTON - A local attraction challenges a Hill Country man's personal injury lawsuit against it, recent court records show.

Round Rock resident Lon Gaster initiated legal action against Moody Gardens following an alleged slip and fall last summer at its aquarium facility.

The suit, filed in late February, asserts Gaster and his children were in the midst of a visit on July 1, 2012, just as the event in question occurred.

According to the original petition, inadequate lighting made it difficult for the complainant to see the floor.

“The steps were not lit or marked in any way, and as a result, the plaintiff fell to the floor and sustained serious injuries,” it says.

Gaster adds he suffered "serious" injuries, "particularly to his right knee."

He blames the respondent for failing to cordon off the area in question and failing to provide hand railings along the stairs in the area he asserts where he hurt himself.

The suit was amended about three weeks later.

Meanwhile, Moody Gardens submitted its original answer April 9 stating that "the accident in question was proximately caused by the negligence of the plaintiff."

The response additionally insists the complainant's supposed ordeal was "unavoidable."

Attorney Nicholas E. Zito of Ramey, Chandler, Quinn & Zito, P.C. in Houston is representing Moody Gardens.

Case No. 13-CV-261