GALVESTON – The defendant in a February wrongful death lawsuit arising from a single-vehicle accident last year that claimed the life of a bicyclist has issued a formal response to the allegations against it, recent Galveston County District Court records show.
BOI Entertainment, LLC, doing business as Island Pier Club, argues that it bears no responsibility for the June 4, 2018 collision in which “a severely intoxicated” Gerilyn Weberlein allegedly struck a group of bicyclists in the 3200 block of 69th Street in Galveston, killing 23-year-old Marco Pena Beltran and injuring Christian Tovar.
Beltran’s parents and Tovar sued the Island Pier Club in the 405th District Court last Feb. 20. According to the plaintiffs, the establishment served Weberlein alcohol despite her drunken state before the accident.
In its 5-page original answer filed last month, the defendant insinuates that the victims are to blame for the subject incident.
“Neither Beltran nor Tovar was riding their bike in a safe manner, especially at night, and that neither bike had appropriate lighting, reflection devices and Plaintiffs were not riding in a single file as required by law and in the exercise of ordinary care,” the document says.
The business also filed a motion to designate Weberlein as a responsible third party.
The law firm Gonzalez, Chiscano, Angulo & Kasson, PC in San Antonio serves as the respondent’s lead counsel.
Galveston County 405th District Court Case No. 19-CV-0267