Dallas County Hospital District d/b/a Parkland Health & Hospital System v. Lidia Bravo and Jefrey Bravo, 05-20-00640-CV, (Tex. App – Dallas, March 4, 2021)
This is a Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals reversed the denial of Parkland’s plea to the jurisdiction and dismissed the claims.
Plaintiff Bravo visited a sick family member at a Parkland hospital when as he sat in the main lobby, a large glass pane from a second-story walkway suddenly fell on him from overhead, causing him injuries. Bravo sued Parkland for a premises defect. Parkland filed a plea to the jurisdiction, which was denied. Parkland appealed.
Under a premise defect theory, a limited duty requires the owner of the premises to avoid injuring the plaintiff through willful, wanton, or grossly negligent conduct and to use ordinary care either to warn the plaintiff of, or make reasonably safe, a dangerous condition of which the owner is aware and the plaintiff is not. Parkland submitted evidence the glass pane was installed prior to October of 2015 and Parkland received no notice of any potential problems with the pane prior to Bravo’s injury. None of Plaintiff’s evidence showed Parkland had any prior actual notice of a dangerous condition or provided a basis from which such notice could reasonably be inferred. As a result, no actual knowledge is evidenced. The plea should have been granted.
If you would like to read this opinion click here. Panel consists of Justices Molberg, Reichek, and Nowell. Reversed and rendered. Memorandum Opinion by Justice Molberg. Docket page with attorney information found here.