(DOWNLOAD) "City of Dallas v. Reed" by State of Wisconsin in Court of Appeals District IV # Book PDF Kindle ePub Free
eBook details
- Title: City of Dallas v. Reed
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 16, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In this premises liability case, we are asked to decide whether a two-inch difference in elevation between traffic lanes on a roadway constitutes a special defect as a matter of law under the Texas Tort Claims Act. TEX. CIV. PRAC. & REM. CODE § 101.022(b). The court of appeals held this road condition was a special defect, finding the two-inch difference in elevation "an unusual or unexpected danger to normal users of roadways." 222 S.W.3d 903, 909 (quoting State Dept of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235, 238 (Tex. 1992)). Because we conclude that a two-inch variance in elevation between traffic lanes is not a special defect, we reverse the court of appeals judgment and dismiss the case.
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