American Industries Life Insurance Co. v. Ruvalcaba

64 S.W.3d 126 (Tex.App.2001)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P worked at a private security company. Maribel, his wife, and his two-year-old son, Johnathan, paid a visit to P's workplace to take him to lunch. P was busy, so Maribel decided to take Johnathan and wait in the car. They descended a staircase that had an 'open' handrail that did not comport with the current City of Houston Building Code. Johnathan fell through the open banister, landed on his head on the ground, and lost consciousness for about five minutes. He was rushed to the hospital. No apparent damage had been done. At a follow-up visit one week later, P reported that Johnathan's behavior had changed markedly since his fall. A pediatric neurologist concluded that he had suffered a traumatic brain injury from the fall, resulting in permanent damage. A pediatric psychologist specializing in life-care planning estimated that, given the child's injuries and the behavioral problems caused by the fall, it would cost $1,800,000 to care for Johnathan over the course of his lifetime. P sued D. They alleged that Johnathan was an invitee at the time of the occurrence made the basis of this suit and the open staircase in the Building constituted an 'unreasonably unsafe condition' that D had failed to make safe or warn them about. The trial court found in favor of P on their negligence, and the total amount of the trial court's judgment was $8,384,657.52 plus post-judgment interest and costs of court. The trial court denied D's Motion for Judgment as a Matter of Law. D appealed.