Galveston fitness club designates witnesses for suit over child's fall

By John Suayan, Galveston Bureau | Sep 9, 2013

GALVESTON - A local fitness club named in a father's personal injury lawsuit submitted a list of witnesses, recent court records show.

Galveston Racquet Club Inc.'s designation of experts, filed Sept. 3, lists two of its employees, two staff members from the Texas Department of Family and Protective Services and four medical providers.

Paul Garza filed suit against the exercise facility on March 19, 2012, stating the defendant did not take measures to prevent his young son from hurting himself at the Galveston Health & Racquet Club on March 18, 2010.

The elder Garza explains that he entrusted the child to the club for daycare, but the boy “was allowed, either through consent or inadequate supervision, to climb atop a blue, plastic covered foam block, approximately 4 feet tall.”

According to the original petition, the child "fell and broke his wrist and growth plate" and "may have suffered permanent and disabling injuries as a result of this accident."

Mydestinee Wilson and Anna DelBosque were workers at the time of the subject incident while Sophia Stewart, Kathleen Andrews and Krystle Smith conducted an investigation into the plaintiff's allegations for TDFPS.

Dr. Philip E. Rosen, Dr. James Twining, Bay Colony and Bay Area Pediatric Assoc., P.A. are the complainant and his son's medical providers.

The respondent countered the suit earlier this year on grounds the boy's supposed injuries were “caused solely by unforeseen or unforeseeable circumstances and/or actions of the plaintiff that were beyond the reasonable control of the defendant” and his father's complaint was made way past the two-year statute of limitations.

Both parties are slated to face off in a jury trial  9 a.m., Dec. 2.

Case No. 12-CV-500

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