Per CaseMaker® summary:

Sufficient evidence existed that the unpainted curb was an unreasonably dangerous condition that the appellant had notice of and should have corrected.

Short name:    Christus Health Southeast Texas v. Wilson
Court:    Texas 11th Court of Appeals
Date decided:    January 29, 2010
Docket number:    11-08-00014-CV
Judge:    Rick G. Strange

The appellee individuals sued the appellant hospital for injuries sustained by the first appellee when she slipped and fell in a hospital parking garage. Finding both the parties negligent, a jury allocated 50% of the negligence to the appellant, 30% of the negligence to the first appellee, and the remaining 20% to a settling defendant.  The jury also found that the first appellee sustained damages of $795,000.  The trial court reduced the award to reflect the first appellee’s negligence and the appellant’s settlement credit, and entered judgment accordingly. The appellate court determined that the fact that others had also fallen off the unpainted curbs in the garage was some evidence that the people were not noticing the elevation change.  Therefore, the jury had legally sufficient evidence to conclude that the appellant had notice of a potentially dangerous condition. Furthermore, the appellant’s witness testified that the curb should have been painted because there were two similar materials in a path of traffic and, therefore, people needed a warning that there was an elevation change. Therefore, there was sufficient evidence that the unpainted curb was an unreasonably dangerous condition. Accordingly, the trial court’s judgment was affirmed.