Supreme Court of Texas

Judgment for plaintiff in a premises liability case is reversed and the case dismissed where a two-inch difference in elevation between traffic lanes on a roadway does not constitute a special defect as a matter of law under the Texas Tort Claims Act because: 1) it does not pose an unusual or unexpected danger to the normal users of the road since such variations are to be expected by normal deterioration; and 2) it is not a premises defect claim since there is no evidence that defendant willfully or negligently caused plaintiff's injuries, or that defendant was aware the two-inch drop off created unreasonable harm.

Appellate Information

• Decided 05/16/2008
• Published 05/16/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Thomas P. Perkins Jr., Patricia Medrano, Barbara E. Rosenberg, City Attorney's Office, Dallas, TX, for Pettioner., Doreen E. McGookey, City Attorney, Sherman, TX, Darrell G-m Noga, Fee, Smith, Sharp & Vitullo, Dallas, TX, Evelyn Waithira Njuguna, Texas Municipal League, Adam Warren Aston, Assistant Solictor General, Austin, TX, for Amicus Curiae.


• For Appellees:
  
• Mark A. Ticer, Law Office of Mark Ticer, Dallas, TX, for Respondent.