Those mean old appeals judges: now they’ve gone and reversed a Texas jury’s $10.5 million award against the city of Galveston and the lessee of its Flagship Pier on behalf of the survivors of a couple whose car, rolling backwards, broke through railings and plunged into the water one night in 1996. The court ruled that the defendants, by failing to erect a stronger guardrail, had not injured the couple willingly, wantonly or through gross negligence as specified under state law dealing with recreation facilities. “Medical evidence presented at the trial showed that [Kenneth Wayne] Garza, who had been convicted on numerous occasions for drunken driving, and [passenger Dorey] Fabian were legally drunk, but the jury found Garza only 10 percent accountable for the accident.” (Carter Thompson, “Flagship accident verdict reversed”, Galveston County Daily News, Aug. 26).
Appeals court nixes $10m for drunken pier roll-off
Those mean old appeals judges: now they’ve gone and reversed a Texas jury’s $10.5 million award against the city of Galveston and the lessee of its Flagship Pier on behalf of the survivors of a couple whose car, rolling backwards, broke through railings and plunged into the water one night in 1996. The court ruled […]
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