Supreme Court of Texas

In plaintiff's wrongful death action against a city, arising from the death of her fourteen-year-old daughter, who drowned when the van in which she were riding was swept away in flash flood waters where a creek had overflowed during a torrential rainstorm, trial court's denial of the city's motion to dismiss for lack of jurisdiction on the ground of governmental immunity is reversed as, under section 101.022 of the Texas Tort Claims Act, the city had no duty to warn motorists of flooding on the particular road at the creek unless it actually knew of the flooding, and here, the city knew that the crossing had flooded during heavy rains, but the actual knowledge required for liability is of the dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition can develop over time.

Appellate Information

• Decided 12/03/2010
• Published 12/03/2010

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• Supreme Court of Texas

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