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City of San Antonio v. Price2/26/1997
02/26/1997
Delivered and Filed:February 26, 1997
AFFIRMED IN PART; REVERSED AND RENDERED IN PART
Appellant, City of San Antonio, acting by and through its agent, City Public Service Board ("CPS"), appeals from a judgement rendered in favor of appellees, James T. Price and Anna Price (the "Prices"), after a jury reached a verdict awarding them both actual and punitive damages. In seven points of error, CPS contends the trial court erred in entering its judgement because: (1) there was no evidence or insufficient evidence that Paula Miles and Nicholas Flores were policy-making officials of the City of San Antonio or that they were grossly negligent; (2) the gross negligence issue submitted in the jury charge failed to identify which acts were alleged to constitute gross negligence; (3) the discovery rule was inapplicable to Anna Price's claims and the jury issue inquiring into Anna Price's knowledge of the "facts establishing the elements of her cause of action" was immaterial since the crucial time was when she knew of her injury; (4) the jury's finding that Anna Price did not become aware of her claim against CPS until April 24, 1992 was contrary to the great weight and preponderance of the evidence and there was insufficient evidence to support the jury's finding that Anna Price discovered or should have discovered the facts establishing the negligence of CPS on April 24, 1992; and (5) evidence of prior gas explosions was erroneously admitted. We reverse those portions of the trial court's judgement awarding damages to Anna Price and awarding punitive damages to both parties and render judgement in favor of the City of San Antonio on all claims asserted by Anna Price and on the gross negligence claim asserted by both appellees. The remainder of the judgment is affirmed.
FACTUAL BACKGROUND
James T. Price was burned by a fire caused by an explosion in the home of his mother, Anna Price, whose home was also damaged by the explosion. The explosion occurred shortly after James ignited a bathroom heater in his mother's home. Anna Price was informed by a firefighter and by a CPS official that the cause of the explosion was the bathroom heater.
During the course of investigating the explosion, CPS officials discovered a leaking coupling behind Mrs. Price's home. The coupling was replaced, and the leaking stopped. Experts retained by the Prices testified that the cause of the explosion was the migration of gas from the leaking coupling to the bathroom which was ignited by the bathroom heater.
James Price sued CPS for negligence and gross negligence within two years from the date of the explosion. Anna Price did not join the lawsuit until sometime after the two year period had elapsed.
The jury found CPS' negligence proximately cause the occurrence and awarded $162,144.25 in actual damages to James Price and $14,000 in actual damages to Anna Price. In addition, the jury found Nicholas Flores and Paula Miles were acting as policymaking officials on the occasion in question and committed one or more grossly negligent acts and awarded $500,000.00 in punitive damages against CPS. CPS appeals from the judgement rendered in accordance with the jury's verdict
1. GROSS NEGLIGENCE AND PUNITIVE DAMAGES
In its first and second points of error, CPS contends the trial court erred in denying its motion for instructed verdict, motion for judgment notwithstanding the verdict and motion for new trial because there was no evidence or insufficient evidence that Nicholas Flores and Paula Miles were policymaking officials of CPS or that they were grossly negligent.
In considering a "no evide
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