HOUSTON — The 14th Court of Appeals has wiped a $3.5 million damage award against an apartment complex that a jury held liable for a man’s shooting death.
The family of Enrique Bonilla filed a wrongful death lawsuit against Gatesco, Inc., doing business as Magnolia Cove Apartments, asserting claims for premises liability, negligence, and gross negligence, according to the 14th Court’s Sept. 22 opinion.
On Nov. 8, 2016, Bonilla and his family lived in the Magnolia Cove Apartments. He was in the parking lot of the complex with his brother when four men drove into the parking lot through an open gate.
“Two men got out of the car, and approached Bonilla to rob him,” the opinion states. “A tenant from the apartment complex saw the incident out of his window and attempted to scare the suspects away by banging on his window. At that time one of the men pointed a gun at Bonilla and his brother. Bonilla’s brother ran away toward the apartment building and escaped.
“Bonilla ran toward the front of his truck but was shot and killed.”
His family claims the defendants owed a duty to exercise ordinary care to keep the premises in a reasonably safe condition and to give an adequate warning of any dangers to its residents.
A jury found both Magnolia Cove and Gatesco negligent and that their negligence proximately caused Bonilla’s death. Based on the jury’s verdict, the trial court rendered judgment for his family and ordered that they recover $3,500,000 in damages.
Court records show the defendants filed a motion for a new trial, which was overruled by operation of law, and the appeal ensued.
On appeal, the defendants challenged the sufficiency of the evidence to support liability and damages, the plaintiff’s capacity to sue on behalf of Bonilla’s estate, and the trial court’s denial of their requested jury question on responsible third parties.
Justices determined the trial court erred in not submitting the requested jury question on responsible third parties, reversing the judgment and remanding the case for a new trial.
Appeals case No. 14-24-00799-CV
