randy828 said:W said:
, very sad story here:
https://www.click2houston.com/news/local/2026/09/30/our-family-is-devastated-family-identifies-4-year-old-girl-allegedly-killed-by-mother-after-losing-custody/
not sure what the state law is in this case...but it may be time for a new one
once custody is awarded / transferred in court to a different parent...the child immediately goes with the new parent (in this instance the father)...and does not leave court or return home with the parent who just lost custody
If you take a look at their divorce records, wow, there was a lot going on. Looks like it was a nasty divorce.
Restraining orders, Different children therapists, etc... 5 pages of stuff on the district clerk web page since they filed in 2022 and their next setting was supposed to be Oct 9 of this year.
https://www.facebook.com/cibellerc
...she remarried to Greg Kubala who is a Chik Fila franchise owner and an Aggie.
Interesting. Don't know the guy but his legal team got him out of a frivolous shakedown lawsuit awhile back there where a kid cut its forehead open on the CFA playground.
https://www.law.com/verdictsearch/verdict/toddler-fell-and-hit-head-in-play-area-of-fast-food-restaurant/
Quote:
Facts:
On Dec. 29, 2012, plaintiff Miah Audrina Palomo, a 19-month-old girl, and her mother dined at a restaurant that was located at 8609 Westheimer Road, in Houston. Miah stumbled while walking in the restaurant's play area. She fell forward, and her head struck a wooden shoe-cubbie bench in the playground area. She lacerated her head. The bench was upholstered on the top only, and the rest of it, including the part where Miah hit her head, was unprotected wood. The bench provided a place for parents to sit and watch their children, and for the children's shoes to be stored while they played. The franchisee and sole proprietor of the restaurant was Greg Kubala, and the franchisor was Chick-Fil-A Inc. Kubala had a company called G. Kubala Holdings LLC. Zuniga, on the child's behalf, sued Kubala, his company and Chick-Fil-A on a theory of premises liability. Discovery showed that G. Kubala Holdings LLC was not related to the restaurant, and Zuniga nonsuited both it and Chick-Fil-A before trial. Zuniga claimed that having a large, hard, unprotected surface in a children's play area was unreasonably dangerous and that Kubala failed to warn her of the danger. She maintained that she was supervising her daughter at the time of the incident. Zuniga said that her daughter was walking fast, but not running, when she fell. Signs prohibited running in the area. The defense denied negligence and argued that "accidents happen." The defense also maintained that the child was running when she fell. The defense also noted that signs warned parents to watch or supervise their children. Zuniga acknowledged that she continued to take her daughter to a Chick-Fil-A that has the same shoe-cubbie bench as Kubala's. The defense filed a traditional motion for summary judgment on the issues of unreasonable risk of harm and causation, but the court denied the motion.
Injury:
An ambulance was called, but transportation was refused. Because Zuniga wanted Miah to go directly to a children's hospital emergency room, she waited for her husband to pick them up and take them there. Miah sustained a 3-centimeter laceration on her forehead, at the hairline, and she was crying and bleeding at the scene. Restaurant staff brought napkins and ice for her head, as well as a toy to distract her. The toddler received three sutures at the emergency room and was released. She followed up twice with her pediatrician, and at one of those visits, the doctor removed the sutures. Miah fully recovered within 30 days of the incident and was left with a scar, but it was very light and barely visible. Her mother said that, during the recovery, she had difficulty keeping Miah from scratching and picking at the wound. The child was not present at trial. Plaintiff's counsel sought $2,500 for past medical bills and $20,000 for past physical pain and mental anguish. The defense argued that plaintiffs' counsel was asking for excessive amounts, given the girl's 30-day recovery. The defense also maintained that the providers had written off all but $500 of the medical bills. Defense counsel argued that, if the jury found negligence, it should award $500 in past medical bills and $500 in past physical pain and mental anguish, but no other damages.
Result:
The jury found no negligence.
