GALVESTON — A couple is claiming wrongful death against a property owner alleging their son's death was due to his being struck by a defective wooden structure located on the property.
Tina Walsh-Ewald and Craig Ewald, individually and on behalf of the Estate of Tyler Walsh-Ewald, filed a complaint Sept. 29 in Galveston County District Court against Mason Cagnola alleging negligence and wrongful death.
According to the complaint, Tyler Walsh was on Cagnola's property in Galveston on July 6, 2020. The plaintiffs allege their son's death was caused by his being struck by an "unstable and defective wooden structure" on the Cagnola's property.
The plaintiffs claim the structure "posed an unreasonable risk of harm" and that Cagnola had "actual knowledge" of the structure's alleged defective condition. They also claim Cagnola failed to warn the invitees such as their son of the danger on the property and that Cagnola failed to make the premises safe.
The plaintiffs also state in their complaint that Cagnola failed to "adhere to proper codes, standards and/or ordinances" pertaining to the property and to take any "reasonable steps" to fix the structure.
The plaintiffs seek monetary relief of more than $1 million, interest and all other just relief. They are represented by Attorneys Jonathan Kieschnick and T. Greg Hill in Houston.
Galveston County District Court case number CV-0087495