· 8/17/2012
City of Denton v. Rachel Paper
Citations
- 376 S.W.3d 762
- 55 Tex. Sup. Ct. J. 1192
- 2012 Tex. LEXIS 640
- 2012 WL 3537810
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that sunken area in street, which “varied from two inches to a few inches more at its deepest point,” was not a special defect
- concluding that an allegedly defective depression in the street did not physically impair the ability to travel on the street
- holding that a two-inch to five-inch difference in a street’s elevation was not a special defect and stating that the allegedly defective depression in the street was nothing like the special defect found to exist in Eaton
- holding that a two to “a few inches more” depression in the road was not a special defect and noting that “the photographs indicate that the sunken area could have been avoided without leaving the roadway or entering the opposing lane.”
- noting that the city had received no complaints about a sunken roadway until the plaintiff’s accident
- explaining that Act generally limits governmental unit’s potential liability for premises-liability damages by classifying user of government real property as licensee rather than invitee except when premises claim involves special defect
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.