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American Industries Life Insurance Co. v. Ruvalcaba3/15/2001
In this premises liabilitycase, appellant American Industries Life Insurance Company ("American Industries") appeals from the trial court's judgment in favor of appellees and plaintiffs below, Jose Ruvalcaba and Maribel Ruvalcaba, individually and as next friends of Johnathan Ruvalcaba, a minor ("Ruvalcabas"). For the reasons stated below, we reverse the trial court's judgment and render judgment that the Ruvalcabas take nothing.
Background and Procedural History
Jose Ruvalcaba worked at a private security company on the second floor of a two-story office building owned and managed by American Industries ("Building"). On March 7, 1996, Jose's wife, Maribel Ruvalcaba, and his two-year old son, Johnathan, paid a noon hour visit to his workplace for the purpose of taking Jose to lunch. This was the first time that Maribel or Johnathan had ever been up to the offices of Jose's employer. When they arrived, Jose was busy "discussing a few accounts" with his boss, and so Maribel decided to take Johnathan and wait in the car. While leaving Jose's office, Maribel and Johnathan started to descend a staircase that had an "open" handrail that did not comport with current City of Houston building codes. While doing so, Johnathan allegedly slipped through the open bannister and fell an estimated ten to twelve feet, landing on his head on the concrete floor.
As a result of the fall, Johnathan allegedly lost consciousness for two to five minutes. Johnathan's parents took him to the emergency room at Ben Taub Hospital. Johnathan's treating physician found no contusions, lacerations, or broken bones. Johnathan had an abrasion on his scalp. Johnathan's CT scan showed no abnormalities. Johnathan was kept overnight for observation and released the next day. At a follow-up visit one week after the incident, Jose reported that Johnathan's behavior had changed markedly since his fall.
A pediatric neurologist later examined Johnathan and 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 $1.8 million to care for Johnathan over the course of his lifetime.
Jose and Maribel filed a personal injury suit, individually, and as next friends of their son, Johnathan, against American Industries. The Ruvalcabas alleged that Johnathan was an invitee at the time of the occurrence made the basis of this suit. The Ruvalcabas alleged that the open staircase in the Building constituted an "unreasonably unsafe condition" that American Industries had failed to make safe or warn them about. The Ruvalcabas claimed that American Industries was guilty of negligence, negligence per se, and gross negligence. The Ruvalcabas sought damages for Johnathan's past and future physical pain and suffering, mental and emotional anguish, medical expenses, loss of earnings, physical impairment, and loss of mental faculties proximately caused by American Industries' alleged negligence.
The parties agreed to a bench trial. The trial court granted American Industries' motion for directed verdict on the Ruvalcabas' allegation of gross negligence and on the Ruvalcabas' negligence per se theory. The trial court found in favor of the Ruvalcabas on their negligence claim and signed a final judgment awarding Jose and Maribel as next friends of Johnathan $2,156,054.79 for future medical care, $2,156,054.79 for past and future physical pain and mental anguish, $2,156,054.79 for past and future physical impairment, and $658,794.52 for future lost earning capacity. The trial court awarde
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