HOUSTON — A family severely injured in a boating accident on Lake Conroe on April 18 have filed a lawsuit against Walden Country Club, according to a press release.
Partner Benny Agosto Jr. and attorney Ben Agosto III of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner along with attorney Jacob Karam of The Karam Law Office, filed a lawsuit on behalf of Chris Farr, Lisa Farr, John Formanski, Shannon Formanski, and three minors.
According to the press release, Chris Farr was operating his boat while taking his family back home after having dinner and crashed into a peninsula/bulkhead on a poorly lit section of Walden Country Club’s golf course, causing severe injuries to the boat occupants. Upon impact, the occupants of the boat were thrown about, causing great bodily injuries.
As a result of this incident, John Formanski, one of the passengers on the boat, sustained serious and debilitating injuries, including a traumatic brain injury, from which he continues to suffer to this day. The remaining occupants of the boat, Chris Farr, Lisa Farr, Shannon Formanski, and the minors, M.F., J.F., and S.F., also sustained serious injuries.
According to the press release, this is the same poorly lit peninsula/bulkhead of Walden Country Club’s golf course that claimed the life of Earl Schneider during the summer of 2021.
In January 2022, Abraham Watkins partner Mo Aziz, attorney Karl Long, along with attorneys Dan Sorey and Geoff Hoover of Sorey & Gilliland, LLP, filed a wrongful death lawsuit on behalf of the family of Earl Schneider. Earl Schneider’s son, Stephen Schneider, who is another plaintiff in the ongoing lawsuit, also sustained serious injuries in the accident.
All plaintiffs allege that Walden Country Club is liable for premise liability, negligence, and gross negligence. Walden Country Club had a duty to maintain the premises in a safe condition and to refrain from causing injuries to parties through any gross negligence. This is particularly true given the notice provided by the first serious accident to guard against any other similar accidents caused by poor lighting near/on the peninsula, like the second accident, the press release states.
Attorneys working the case have petitioned the court for a temporary restraining order to preserve and maintain all evidence related to the two crashes and the condition of the peninsula/bulkhead, which in practice, includes all photographs, videotapes, audiotapes, recordings, correspondence, memoranda, files, facsimiles, email, voice mail, text messages, receipts, or cellular telephone records related to the unfortunate and preventable crashes.
In their lawsuits, the plaintiffs claim the Walden Country Club failed to develop proper and appropriate policies and procedures related to safety precautions for boat traffic at night; failed to warn and/or instruct drivers of vessels on the water surrounding its golf course on how to drive safely and appropriately at night around the peninsula/bulkhead in question; recklessly disregarded an extreme degree of risk for boat traffic operating around the peninsula/bulkhead at night despite actual knowledge of such risks; and worse, failed to properly inspect, maintain, and repair lights mounted around the perimeter of the golf course, including the peninsula/bulkhead in question.
“Many may call the behavior outrageous, but we’re calling it gross negligence,” said attorney Benny Agosto Jr. “The Walden Country Club did not change its behavior after the fatality in 2021. They are ignoring the welfare of boaters and users of the lake and causing serious injuries. The negligent actors should be brought to justice. We hope that a Harris County jury can bring them to justice.”