HOUSTON – The city of Stafford obtained a favorable judgment in an injury case filed by a claims investigator over a fall that happened at one of its facilities.
Judge William Boyce, on the bench of the 14th Court of Appeals, issued a seven-page ruling Aug. 7 reversing the decision of the 268th District Court in Fort Bend County that denied a plea in a lawsuit filed by Joe Svadlenak. The appellate court reversed the trial court's order that denied the city's plea to the jurisdiction and rendered a take-nothing judgment in the city's favor.
According to the ruling, Svadlenak was a claims investigator working at the Stafford Civic Center on an accident when he fell down a set of stairs. While Svadlenak was performing the investigation, Director of Recreation Susan Hicks was guiding him through the center's auditorium.
Hicks mentioned that "she walked down the first set of three stairs then up a second set of stairs that led onto the auditorium stage" when Svadlenak stopped to take some photos of the stage, the court ruling states.
After taking the pictures, Svadlenak "fell down a set of three carpet-covered stairs," injuring his eyes.
"After his fall, Svadlenak underwent eye surgery for a dense vitreous hemorrhage and three giant retinal tears,” the ruling said. Seeking recovery from injuries, Svadlenak sued the city, which filed a plea to the jurisdiction that was denied by the district court.
Boyce's decision also concluded that, when considering Svadlenak's claims of the stairs being "unlit" and that it posed "an unreasonable risk of harm," the evidence presented by the plaintiff "does not give rise to an issue of fact regarding the city’s awareness of a dangerous condition arising from unlit stairs."
The ruling also confirmed the fact that the stairs had lighting on at the time of the event.
"Therefore, when Svadlenak fell, the auditorium already was illuminated — any plans with respect to additional lighting do not indicate awareness of a dangerous condition arising from unlit stairs at the time of Svadlenak’s fall," Boyce's ruling said.
Texas 14th Court of Appeals case number 14-18-00089-CV