A woman is suing Moody Gardens, seeking between $100,000 and $200,000, for injuries she asserts she sustained after slipping on cheese at the education complex in June 2017.

If that sounds familiar, it’s because it is. This is the second lawsuit attorneys representing Wanda McDaniel have brought since 2017 against the Galveston nonprofit that operates the amusement and education complex on Offatts Bayou.

Galveston attorney Tom Dickens filed the most recent complaint against Moody Gardens Inc. on April 10 in the 212th District Court, asserting the nonprofit was negligent.

McDaniel was leaving a 3-D movie theater through a gift shop when she slipped on liquid cheese and suffered serious injuries, according to the lawsuit.

“At the time of the incident, there were no visible warning signs of the defect which in all likelihood would have prevented this tragic incident,” the lawsuit states.

Another attorney represented McDaniel when she first filed against the nonprofit in September 2017, but later asked for the case to be nonsuited without prejudice, opening the possibility of this second lawsuit, court records show.

INVESTING ISSUES

A Galveston County woman and her business are suing a Rosharon man and his businesses, asserting he embezzled, lied and led to the financial ruin of her company.

Houston attorney Chris Collings filed the lawsuit on behalf of Crystal Roark and Fortitude Consulting Group doing business as KINETIK against Tyler Bowman, Tyler Bowman DC LLC, Bowman doing business as Catalyst Chiropractic Sports Medicine and Bowman doing business as KINETIK Chiropractic and Sports Rehab, seeking unspecified damages.

Roark is the president and owner of KINETIK, which formed in April 2017, and Bowman was a part-owner until March 27 and provided part-time chiropractic services for the company, the lawsuit asserts.

Bowman provided about $27,700 in initial funding and Roark provided about $116,100, the lawsuit asserts.

But Bowman refused to commit to working full-time at the new business and, instead, operated his own chiropractic business in direct competition, would cancel existing appointments so he didn’t have to drive to League City and eventually started doing his own business using the KINETIK name, the lawsuit asserts.

Bowman also interfered with tenants who sublet from KINETIK and eventually started depositing patient insurance claims into his own personal account, the lawsuit asserts.

“Tyler Bowman’s conduct has caused significant financial despair and ruin to KINETIK and its operations, effectively forcing KENETIK out of business and leaving it stranded with significant liabilities,” the lawsuit asserts.

The defendants have not yet responded to the complaint, according to court records.

SECURITY DEPOSIT RESPONSE

A Houston man accused of keeping a $2,500 security deposit a League City man paid on a Texas City apartment that flooded during Hurricane Harvey has filed an answer in the lawsuit against him, generally denying the accusations.

Mike Laird‘s answer, filed April 8, comes after Houston-based attorney Leah Buenik Nommensen filed a lawsuit against him March 7 on behalf of Brent Labs, seeking less than $100,000 in damages.

Labs breached the contract and he owed rent at the time, in addition to several other issues, the answer asserts.

Labs reached an agreement with Laird to lease a property on Mockingbird Lane in Texas City, including a $2,500 security deposit and $1,250 per month in rent, the lawsuit asserts. The lease began in April 2017.

But Hurricane Harvey hit the area in late August 2017 and the rental home was flooded with between 3 inches and 5 inches of water during the storm, the lawsuit asserts.

Laird agreed to repair the residence and, on Sept. 20, Labs moved back in with his family, but discovered extensive mold damage, according to the lawsuit.

Labs then notified Laird he intended to terminate the lease using a section of the property code, asked for the return of the security deposit and left the residence on Oct. 4, the lawsuit asserts.

But on Nov. 6, Laird sent an itemized list of charges letter for $780 and said he planned to keep the whole deposit, the lawsuit asserts.

“To date, defendant has never provided plaintiff with a written description or an accounting for deductions warranting retention of the entire security deposit,” the lawsuit asserts.

Matt deGrood: 409-683-5230; matt.degrood@galvnews.com

(0) comments

Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.

Thank you for Reading!

Please log in, or sign up for a new account and purchase a subscription to read or post comments.