Galveston resort center says plaintiff’s own fault she slipped and fell

By David Yates | Aug 5, 2015

A hotel company has answered a slip and fall lawsuit brought by a Travis County Woman, asserting a defense of contributory negligence.

Argelia K. Wardwell filed suit against The San Luis Resort, Spa & Conference Center of Galveston (Fertitta Hospitality) in Galveston County District Court on May 15, claiming liability in an April 2014 accident.

Court records show the resort answered the complaint on June 12, asserting a general denial and maintaining Wardwell’s claim is barred because her own negligence contributed to her injuries.

Fertitta Hospitality is asking that she take nothing and the company be awarded any relief to which it may be entitled.

The complaint states that Wardwell was walking on the defendant’s premises located at 5222 Seawall Blvd., Galveston, on or about April 26, 2014, when she slipped and fell.

The plaintiff holds the defendant responsible for failure to provide adequate warning signs or barriers along the walkway to indicate the slippery surface; to exercise reasonable care to inspect the premises and discover the hazardous conditions; and to properly maintain the premises and remedy the alleged dangerous condition.

Wardwell claims to have sustained severe physical pain and mental anguish; medical expenses; and past and future loss of earning capacity.

The plaintiff seeks monetary relief in an amount between $100,000 and $200,000 as compensation for damages; pre- and post-judgment interest; attorney’s fees; expenses, and costs.

Wardwell is represented by attorney Glen Morgan of Reaud, Morgan & Quinn in Beaumont.

Fertitta Hospitality is represented by Edward Perkins, attorney for the Houston law firm Sheehy, Ware & Pappas.

Galveston County District Court case number 15-CV-0489

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