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City of San Antonio v. Rodriguez

Supreme Court of Texas
Oct 18, 1996
931 S.W.2d 535 (Tex. 1996)

Summary

holding that actual knowledge of a leaky roof could support an inference of actual or constructive knowledge of the allegedly dangerous condition of water on the floor

Summary of this case from Moreno v. Wal-Mart Stores Tex.

Opinion

No. 95-0892.

October 18, 1996.

Appeal from the District Court, Fortunado Benavides, J.

Paula Dlugosz, Lloyd Garza, San Antonio, for Petitioner.

Charles Kendall Harrell, Bart L. Brzozowski, San Antonio, for Respondent.


Carlos D. Rodriguez sued the City of San Antonio for injuries he received while playing basketball at a city-owned and -operated recreation center. Rodriguez claims he went up for a rebound, landed in a wet spot on the floor, slipped, and injured his knee. The district court rendered judgment for Rodriguez on a favorable jury verdict, and the court of appeals affirmed. ___, S.W.2d ___, ___, 1995 WL 905527.

The district court instructed the jury as follows:

With respect to the conditions of the premises, the City of San Antonio was negligent if —

a. The condition posed an unreasonable risk of harm; and

b. The City of San Antonio had actual knowledge of the danger; and

c. Carlos D. Rodriguez did not have actual knowledge of the danger; and

d. The City of San Antonio failed to adequately warn Carlos D. Rodriguez of the condition or make the condition reasonably safe.

The City complains that paragraph (d) incorrectly states its duty because it allowed the jury to find negligence if the City either failed to warn Rodriguez or failed to make the condition reasonably safe. The City is correct, as we have held today in a similar context. State v. Williams, ___, S.W.2d ___, ___, (Tex. 1996) (per curiam).

Regarding harm, the court of appeals wrote:

The City stipulated they did not give adequate warnings. Hence, the only way the City could discharge its duty was to make the condition reasonably safe. Consequently, even if the instruction was unclear as submitted, which it is not, no error resulted because the jury was left with only one possibility.

___, S.W.2d at ___, ___. This reasoning is flawed. Because the City did not give adequate warnings, the jury could have found negligence under subparagraph (d) without considering whether the City had made the condition reasonably safe. This was one of the alternatives afforded by the erroneous instruction. Because the instruction amounted to a directed verdict on that contested element of liability, the error was harmful. Thus, the judgment must be reversed. Because the district court followed the pattern jury charge in instructing the jury, the error should not result in rendition of judgment against Rodriguez. Rather, the case must be remanded for a new trial. See Spencer v. Eagle Star Ins. Co., 876 S.W.2d 154, 157-158 (Tex. 1994).

The water on the floor of the basketball court came from a leak in the roof. The evidence is undisputed that the City knew of the leaks in the roof, but the City disputed whether it knew of the water on the floor at the time Rodriguez slipped. The court of appeals held that the jury could have concluded that the leaky roof was the dangerous condition in the premises, so that the City's knowledge of the dangerous condition was conclusively established. ___, S.W.2d at ___, ___. We disagree. The leaky roof was not itself a dangerous condition; it could only cause a dangerous condition. The City was not required to warn of leaks in the roof or repair them; it was required only to prevent the water that leaked through the roof from causing a dangerous condition. On retrial, the jury should be instructed that the allegedly dangerous condition was the water Rodriguez claims was on the floor.

The City complains that there was no evidence that it knew of the water on the floor. However, there was evidence that the person in charge of the recreation center knew of the leaks in the roof and knew that it had been raining. Depending on the position of the leaks above the floor and the amount of rain, the jury might have inferred that the person in charge knew that there would be water on the floor. We therefore reject the City's no-evidence complaint.

The City also complains of error in the admission of evidence and plaintiff's summation. In view of our disposition of the case, we need not address these complaints.

Accordingly, the Court grants the City's application for writ of error and without hearing oral argument reverses the judgment of the court of appeals and remands the case to the district court for further proceedings. TEX.R.APP. P. 170.


Summaries of

City of San Antonio v. Rodriguez

Supreme Court of Texas
Oct 18, 1996
931 S.W.2d 535 (Tex. 1996)

holding that actual knowledge of a leaky roof could support an inference of actual or constructive knowledge of the allegedly dangerous condition of water on the floor

Summary of this case from Moreno v. Wal-Mart Stores Tex.

holding evidence that person in charge of recreation center knew roof leaked and it had been raining raised fact issue that City actually knew water would be on floor of recreation center

Summary of this case from Tex. Dep't of Transp. v. Markham

holding that leaky roof was not dangerous condition but instead caused dangerous condition of water on floor

Summary of this case from Hockins v. U.S. Certified Contractors, Inc.

holding that some evidence existed that city knew of dangerous condition when employee "knew of the leaks in the roof and knew that it had been raining"

Summary of this case from Wal-Mart Stores, Inc. v. Sparkman

holding that "leaky roof was not itself a dangerous condition"

Summary of this case from Coward v. H.E.B., Inc.

holding that leaky roof was not dangerous condition but that water on floor was dangerous condition

Summary of this case from Jenkins v. Arlan's Mkt., Inc.

holding that, on retrial, the jury should be instructed that the unreasonably dangerous condition was water on the floor

Summary of this case from Pipkin v. Kroger Tex. L.P.

holding that, on retrial, the jury should be instructed that the unreasonably dangerous condition was water on the floor

Summary of this case from Roy Pipkin Ex'r of the Estate ex rel. Pipkin v. Kroger Texas LP

holding as a matter of law that the dangerous condition was the condition that actually caused the injury, and not the preliminary "condition could only cause a dangerous condition"

Summary of this case from Prairie View v. Brooks

holding that the dangerous condition was not the leaky roof but instead the slippery floor that resulted when water leaked through the roof

Summary of this case from Entex v. Gonzalez

rejecting the city's contention that there was no evidence it had actual knowledge of a wet public basketball court where the city knew that rain would drip to the floor through a leaky roof and had contemporaneous actual knowledge that it was raining

Summary of this case from City of McAllen v. Quintanilla

rejecting city's complaint there was no evidence it knew of dangerous condition of water on the floor of basketball court

Summary of this case from City of Irving v. Seppy

rejecting no-evidence complaint because "[d]epending on the position of the leaks above the floor and the amount of rain, the jury might have inferred that the person in charge knew that there would be water on the floor"

Summary of this case from Stewart v. City of Corsicana

In Rodriguez, the Court observed that "the position of the leaks above the floor" would be relevant to the constructive knowledge question, but it rejected the City's no-evidence argument even without specifying any such evidence.

Summary of this case from Peterson v. Heb Grocery Co.

In Rodriguez, where the plaintiff slipped and injured himself at a City-owned recreation center, the City conceded it knew of leaks in the roof but disputed whether it "knew of the water on the floor at the time" of the accident.

Summary of this case from Peterson v. Heb Grocery Co.

In Rodriguez, the high court reversed the court of appeals's determination that a jury could have concluded that a leaky roof in a city recreation center was itself a dangerous condition.

Summary of this case from Gregg v. Walgreen Co.

noting evidence of person in charge of facility knowing it was raining and knowing of leaks in the roof did not necessarily equate to knowledge of dangerous condition but rather knowledge "might" be inferred by a jury depending on position of leaks and amount of rain

Summary of this case from City of Dall. v. Papierski

overruling a lower court's holding that a leaky roof was a dangerous condition, but noting that the city was required to prevent the leaking water from causing a dangerous condition on the floor of an indoor basketball court

Summary of this case from Jefferson Cnty. v. Akins

noting that city was required to prevent dangerous conditions caused by water leaking through roof

Summary of this case from Wal-Mart Stores, Inc. v. Sparkman

noting that city was required to prevent water leaking through roof from causing a dangerous condition by dripping onto indoor basketball court

Summary of this case from Wal-Mart Stores, Inc. v. Sparkman

In Rodriguez, the Texas Supreme Court reversed the court of appeals's determination that a jury could have concluded that a leaky roof in a city recreation center was itself a dangerous condition and, therefore, the defendant's knowledge was conclusive.

Summary of this case from Coward v. H.E.B., Inc.

In Rodriguez, involving a suit for injuries suffered as a result of a fall on a wet public basketball court, the Supreme Court rejected the City's contention that there was no evidence of actual knowledge because the evidence showed the City's employee in charge of the building had contemporaneous actual knowledge of the dangerous condition in the vicinity of the hazard because he knew of leaks in the roof and knew that it had been raining.

Summary of this case from City of Laredo v. Reyes

In Rodriguez, for example, the supreme court held there was legally sufficient evidence that the City employee in charge of the basketball court had actual knowledge — based on his contemporaneous knowledge of the roof leaks and the fact it was raining — that there would be water on the court's floor.

Summary of this case from Austin v. Leggett

In Rodriguez, for example, the Texas Supreme Court reversed a jury verdict premised upon a city's knowledge that a roof leaked, stating the "leaky roof was not itself a dangerous condition; it could only cause a dangerous condition."

Summary of this case from Prairie View v. Brooks

In City of San Antonio v. Rodriguez, 931 S.W.2d 535 (Tex. 1996), Rodriguez sued the City of San Antonio for injuries sustained when he slipped on a wet spot at a city-owned recreation center.

Summary of this case from Beach Bait & Tackle, Inc. v. Bull
Case details for

City of San Antonio v. Rodriguez

Case Details

Full title:CITY OF SAN ANTONIO, Petitioner, v. Carlos D. RODRIGUEZ, Respondent

Court:Supreme Court of Texas

Date published: Oct 18, 1996

Citations

931 S.W.2d 535 (Tex. 1996)

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Prairie View v. Brooks

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