City of Denton v. PaperAnnotate this Case
The Texas Tort Claims Act imposes a lesser duty of care on the government when a premises liability claim does not involve a special defect. Plaintiff sued City, claiming that its negligence in creating and failing to repair, or warn of, a street's dangerous condition caused her to have an accident while bicycling. City moved for summary judgment, arguing that the street's condition was not a special defect but rather an ordinary premises defect of which Plaintiff was aware and the City was not. The trial court denied the motion, concluding that the condition was a special defect. The court of appeals affirmed. The Supreme Court reversed and dismissed the case, holding (1) the condition in this case was not a special defect; and (2) City was not liable for an ordinary premises defect because Plaintiff had no evidence that City knew about this hazard before her accident.