HOUSTON - Yesterday, the 14th Court of Appeals remanded a slip and fall lawsuit that resulted in a judgment of more than $280,000, stating in an opinion that the parties have agreed to resolve the case.
Court records show April Lawson filed suit against 2016 Baytown Ward Road and the Eureka Multifamily Group.
According to the defendants’ appellate brief, Lawson had to descend unlit stairs to her apartment and stepped on a discarded cup and fell.
Following the bench trial, the court found $7,297 in economic damages (for medical expenses) and $400,000 for non-economic damages (pain, suffering, and physical impairment). The trial court then found the plaintiff was 30 percent liable for her injuries and reduced the award to $5,107.90 in economic damages and $280,000 in non-economic damages.
On appeal, the defendants asserted they had no duty to warn Lawson of a hazard that she knew about and that non-economic damages of more than 54 times economic damages are objectively unreasonable and unsupported by any evidence.
In her brief, Lawson states: “Contrary to what Appellants would have this Court believe, the evidence was factually sufficient to support the non-economic damages awarded by the trial court and that the amount awarded was neither unreasonable, nor excessive.
“Indeed, the trial court reduced the damages awarded to Ms. Lawson based on her percentage of responsibility in causing the fall.”
The 14th Court set aside the trial court’s judgment against appellants, and remanded the cause to the trial court for rendition of judgment in accordance with the parties’ agreement.
Case No. 14-23-00036-CV