Defendants in fatal wreck lawsuit non-suited

GALVESTON - The second lawsuit arising from a April 2012 auto-pedestrian accident in Galveston was short-lived as the plaintiffs recently moved to non-suit the defendants, recent court records show.

The late Joseph Owen's surviving relatives submitted a notice to non-suit The Beach Hut, a Galveston bar, and Lamar County resident Matthew Green Shelton on May 22, closing the litigation nearly four months after it began.

Shelton was sued for driving drunk and killing the 43-year-old decedent as the latter and 42-year-old Steven L. Hunt were walking a dog on the Galveston Seawall.

The crash also claimed Hunt.

Prior to the collision, Shelton was drinking at The Beach Hut.

According to the original petition, Shelton lost control of his 2008 Mitsubishi Eclipse and drove up onto the sidewalk in the 1300 block of Seawall Boulevard and hit the pedestrians and the dog.

Police charged him with two counts of intoxication manslaughter and the suit faulted him for failing to maintain a proper lookout, failing to control the Eclipse and failing to timely apply the brakes.

Owen's estate blamed The Beach Hut for serving him alcoholic beverages to Shelton although he was already intoxicated.

Neither defendant formally responded to the allegations.

As previously reported, Hunt’s family filed suit last October only to non-suit the driver earlier this year.

Case No. 13-CV-127