AMERICAN INDUSTRIES LIFE INSURANCE CO. V. RUVALCABA
64 S.W.3d 126 (Tex.App.2001)
NATURE OF THE CASE: Revalcaba (P) sued American (D), property owner for negligence,
negligence per se, and gross negligence. D appealed a judgment entered in favor of P.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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