Wrongful death lawsuit disposed two weeks after filing

By John Suayan, Galveston Bureau | Sep 2, 2013

GALVESTON - A lawsuit filed over a 34-year-old Deer Park woman's 2011 death in an auto-pedestrian accident in Galveston came to a quick end, according to court records.

The late Amanda Medlock's father, Wisconsin resident Roger Harris, moved to non-suit Island Yard Byrds Inc. on Aug. 27, exactly two weeks after he initiated legal action.

Harris brought suit against the defendant, doing business as both The Spot and Side Yard, for serving the motorist who was charged with fatally striking Medlock the evening of Oct. 1, 2011.

The original petition alleged that the bars sold alcoholic beverages to patron Felix Garza despite being "obviously intoxicated to the extent that he presented a clear danger to himself and to other persons."

Garza, who is not a defendant in the case, then left the defendant's premises in his 2006 Lincoln Zephyr “while in a state of obvious intoxication” and drove west on Seawall Boulevard.

Meanwhile, the decedent and her boyfriend were crossing the 5400 block of Seawall when Garza “failed to keep a proper lookout for pedestrians crossing the roadway” when he hit the pair, the suit said.

Medlock was killed in the accident.

The 31-year-old Garza, a Texas City local, is currently serving a 28-year prison sentence for the incident.

Medlock's estate sought more than $1 million in damages.

The defendant purportedly provided an original answer a week after the suit was filed.

It was represented by attorney Spencer G. Markle of Markle DeLaCruz, LLP in Houston.

Case No. 13-CV-1052

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