(DOWNLOAD) "City of El Paso v. Bernal" by Texas Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: City of El Paso v. Bernal
• Author : Texas Supreme Court
• Release Date : January 04, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Francisca Bernal sued the City of El Paso for damages she sustained when she tripped on an abraded area of a city sidewalk and fell. The City moved for summary judgment, contending that the area where Bernal tripped was not a "special defect" within the meaning of Section 101.022(b) of the Tort Claims Act, that it had no knowledge of the condition of the sidewalk, and that without such knowledge it was immune from liability to Bernal. The district court granted the Citys motion, but the court of appeals reversed and remanded, holding that the condition of the sidewalk was a special defect. Whether a condition is a special defect is a question of law, and we think the district court correctly held that the record established the Citys right to summary judgment.

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