Area woman non-suits Palm Beach from 'metal object' suit, Moody Gardens now remaining defendant

GALVESTON - Palm Beach at Moody Gardens Inc. is no longer a defendant in a recent personal injury lawsuit.

Area resident Ashley Valdez previously sued the entity on behalf of a child she claims was injured two years ago at the Galveston attraction only to non-suit it on July 24.

The move leaves Moody Gardens Inc. as the only respondent in the month-old litigation.

Valdez's suit, filed July 1 in Galveston County Court at Law No. 3, states that Marcus Torres was at Palm Beach on July 4, 2011, when he tripped and fell on a metal object and struck his chin on said object.

The suit states that the boy suffered a gash to his chin and required medical attention, asserting the defendants failed in their duty to protect and safeguard the child from “unreasonable” dangerous conditions on the premises or to warn of their existence.

“The defendants knew or should have known of the condition on its premises,” the original petition says.

“Additionally, the defendants created the condition and it was foreseeable that someone would trip and fall.”

Palm Beach did not provide an original answer while Moody Gardens countered the plaintiff's allegations in court documents filed July 11.

The 4-page rebuttal pins the subject event on Valdez and insists "the condition of the premises of which the plaintiff complains did not pose an unreasonable risk of harm."

Attorney Kevin B. Finkel of Hill & Finkel LLP in Houston represents Moody Gardens.

Palm Beach was represented by attorney Darrell A. Apffel of Bettison, Doyle, Apffel & Guarino PC in League City.

Cause No. 70,219