City of Austin v. Davis

In City of Austin v. Davis, 693 S.W.2d 31 (Tex. App.--Austin 1985, writ ref'd n.r.e.), a father arrived at the hospital where his neurologically impaired son was a patient and discovered that his son was missing. The patient's father and the hospital staff searched the hospital, grounds, and surrounding areas for three hours before the father discovered his son's body at the base of ten-story airshaft. Id. at 32-33. In recognizing the father's right to recover as a bystander, the Third Court of Appeals did not base its decision on the father's discovery that his son was missing, but instead relied on the father's first-hand discovery of his son's death. Id. at 34 (explaining that the father "was intensely involved in the search and subsequent discovery of his son. He did not learn of the incident from others, but found his son's body at the bottom of the airshaft.").