A man who let toddlers play alone in an office where there was a loaded gun owes $100,000 to the father who found his son's "brain on the floor," a Texas appeals court ruled.
John Burton had brought his wife and two children, 2-year-old John Edward and 4-year-old Nicole, to Ft. Bend Collision Auto Repair on March 5, 2008. While Burton loaded scrap metal onto a trailer, his wife painted an office and the shop's owner, Daniel Plasencia, let the children into another office on the premises to play.
Later on, Burton heard a shot, ran to the room where his children were playing, and found his son John Edward dead, next to a shotgun.
Burton testified that, after hearing the gunshot, "I jumped off the trailer, went to the office, and I seen my son's brain on the floor. ... I seen the shotgun on the floor as I picked up my son and took him out."
The court also affirmed the award, finding it would "fairly and reasonably compensate Burton" for his son's death.
