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Lawsuit claims city of Galveston was negligent, employee was reckless in accident that injured minor

SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Lawsuit claims city of Galveston was negligent, employee was reckless in accident that injured minor

Lawsuits
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HOUSTON - A lawsuit filed July 27 in Galveston County District Court alleges that a city employee recklessly operated a city-owed vehicle, striking and injuring a minor. 

The suit also accuses the city negligence in allowing the driver, names "John Doe" in the suit, to have control of a vehicle despite knowing that he was incompetent.

According the suit, which was filed by Luis Arturo Zarate and Daisy Silva on behalf of a minor referred to as "A.A.Z.," the minor seeks damages to "recover damages sustained in a pedestrian motor vehicle crash" that occurred Feb. 12 in Galveston, when A.A.Z was "a tourist" in Galveston who was "enjoying the day with his father, siblings, extended family and friends."

As A.A.Z. and his family were getting ready to leave and get into their vehicle, which was parked off Santa Fe place, a city vehicle driven by defendant John Doe was traveling too closely next to the family's vehicle, and the driver "failed to maintain an assured clear distance, and ultimately struck" A.A.Z, injuring him, the suit alleged. The suit argues that Doe "failed to conform his conduct to a standard of conduct that a reasonable, prudent operator in the same or similar circumstances would have done," and his negligence resulted in the accident and the boy's injuries.

According to court documents, Doe exercised "an extreme lack of due care" by failing to be attentive to his surroundings, maintain proper control and a safe speed while driving.

The plaintiffs seek damages from both Doe and the city, arguing that the city of Galveston  "should have known Defendant Doe was an incompetent, reckless, and unsafe driver," dating back to March of 2022, according to the document. The city exercised a similar lack of care by allowing Doe to drive a city vehicle, the suit stated.

In addition to damages to cover the boy's injuries, the suit also seeks damages to cover his pain and suffering and potential lost wages in the future, according to the suit.

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