City of Austin v. Davis

GAMMAGE, Justice.

This case arises from the circumstances surrounding the death of Kenneth Richard Davis’ son, Kenny, while admitted to Brackenridge Hospital, an operation of the City of Austin, hereinafter the “City.” The City appeals from the judgment of the trial court in favor of Davis. We will affirm the judgment.

Trial to the bench was had upon stipulated facts.

Kenny Davis suffered severe neurological damage resulting from head injuries sustained in a motor vehicle accident. Davis visited his son every day during his six-week hospitalization. At the time of his death Kenny was ambulatory,…