A devastating accident at a popular off-road park has led to a significant legal battle, with the plaintiff alleging severe negligence on the part of the park's management. On June 13, 2024, Sara Gamez filed a complaint in Harris County District Court against Xtreme ATV Off Road Park & Beach, LLC.
The case revolves around an incident that occurred on May 24, 2024. According to the complaint, Gamez was a passenger on an All-Terrain Vehicle (ATV) driven by her husband when a section of the trail they were riding on unexpectedly broke off. This caused the ATV to fall off a cliff and flip onto the ground below. The complaint notes that weather conditions were clear and dry at the time of the accident, suggesting no external impediments to visibility or traction. However, it also highlights ongoing construction in the area due to prior flooding from a recent storm as a contributing factor to the trail’s compromised integrity.
Gamez sustained multiple injuries from this accident, including fractures in her right inferior pubic ramus, lumbar vertebrae, and sacrum. She also suffered contusions and other physical impairments. The complaint underscores that these injuries necessitate stringent safety measures and regular maintenance checks at recreational areas like Xtreme ATV Off Road Park & Beach.
The plaintiff accuses Xtreme ATV Off Road Park & Beach of premises liability and negligence. Specifically, Gamez alleges that the park failed to maintain its premises in a reasonably safe condition for its invitees and did not warn or protect them from known dangers. The complaint lists several points of negligence: creating a dangerous condition without warning or making it safe; failing to inspect walkway conditions properly; not enacting or enforcing proper safety protocols; failing to keep walkways free of debris; inadequate supervision and training of employees; lack of appropriate safety barricades and warning signage; and overall breach of duty owed to patrons.
As for damages, Gamez seeks recovery for medical expenses incurred due to her injuries and anticipates future medical care needs. She also claims compensation for physical pain, mental anguish, disfigurement, impairment, lost wages due to inability to work post-accident, and diminished earning capacity in the future. Additionally, she argues that any pre-existing conditions she had were significantly aggravated by this incident due to the defendant's negligence.
The plaintiff demands judgment against Xtreme ATV Off Road Park & Beach within jurisdictional limits set by Texas law—specifically monetary relief not exceeding $250,000—and requests pre-judgment and post-judgment interest at the highest legal rate. She also seeks costs of suit and any other relief deemed justly entitled by the court.
Representing Sara Gamez are attorneys Walter Aqrawi (State Bar No. 24094514), Aaron Aiken (State Bar No. 24097282), John R. Leach II (State Bar No. 12084500), and Michelle Miller (State Bar No. 24062254) from Aqrawi & Associates PLLC based in Houston, Texas. The case is being heard by Judge Christopher Matthews under Case ID 2024-37320 in Harris County District Court.