William Ray Wimmer on April 28 added Tiki Bar and Grille in Crystal Beach as a respondent to his $5 million suit against Mark Anthony Martino.
Wimmer is suing Martino on claims the latter shot him five times at the business on Aug. 11, 2014. Per Wimmer, Martino was drunk at the time of the subject event.
Both men reportedly fought until a Tiki cook separated them. Court papers assert that the venue’s staff instructed Martino to leave, but he returned a short time later with a firearm.
Wimmer says in the original petition that he was hit “in his back, on his right side, (and) above his belt line as he was fleeing.”
Galveston police charged Martino with aggravated assault with a deadly weapon.
Wimmer’s amended complaint accuses Tiki of serving the purported assailant alcohol despite him already in an intoxicated state.
“Martino’s intoxication was a proximate cause of the permanent injuries suffered by the plaintiff,” it says.
Martino himself countered the allegations by filing an original answer at the end of last year.
Galveston County 405th District Court Case No. 15-CV-1223