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Montgomery Co. man fell off bench during fishing expedition, suit says

SOUTHEAST TEXAS RECORD

Friday, November 22, 2024

Montgomery Co. man fell off bench during fishing expedition, suit says

Capt john

GALVESTON - A deep sea fishing expedition two years ago for a Montgomery County man resulted in injuries and a lawsuit.

Denis Hardy Johnson is suing Williams Party Boats Inc. on allegations it pushed through with the activity on Nov. 19, 2011, despite inclement weather.

Court documents were filed Nov. 19 in Galveston County District Court.

Johnson was a passenger aboard the F/V Captain John, a vessel belonging to the defendant, at the time of the events for which he sues.

The plaintiff explains that the ship sailed though "tides were unusually high and potentially dangerous."

"As the tides were abnormally high, the passengers aboard the F/V Captain John went to lie down on the beds provided below deck to combat motion sickness and unusually choppy waters," the suit says.

"The employees of Williams Party Boats Inc. were unable to provide bedding or places of rest to all passengers aboard."

It adds the "shortage of beds" forced the claimant to lay on an above-deck bench.

He was later thrown off said bench, the original petition says.

Johnson asserts he was "unaware of the risks associated with this expedition prior to boarding."

The respondent is blamed for:


  • Failing to warn passengers of dangerous conditions;

  • Failing to mitigate danger and risk with proper warnings;

  • Proceeding with the voyage under unreasonably dangerous conditions;

  • Failing to adequately limit the number of passengers; and

  • Failing to provide reasonable accommodations.


Consequently, Johnson seeks unspecified monetary damages.

Attorney Anthony L. Bannwart of Bannwart & Associates P.C. in Houston is representing the claimant, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 13-CV-1470

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