· 8/5/2004
City of El Paso v. Chacon
Citations
- 148 S.W.3d 417
- 2004 Tex. App. LEXIS 7106
- 2004 WL 1770571
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defect on sidewalk directly abutting curb and street of “busy public thoroughfare” was related to street because “[a]ll pedestrians wishing to walk up or down that side of the street must use the sidewalk.”
- holding city waived immunity in suit by pedestrian who claimed hole in sidewalk was special defect where pedestrians were normal users of sidewalk
- “In the absence of a valid ordinance to the contrary, the owner or occupant of land abutting a public sidewalk does not owe a duty to the general public to keep the sidewalk in a safe condition.”
- a defect need not occur upon the road surface itself to constitute a special defect and a condition on a sidewalk can be a special defect; court held that utility pole hole located in sidewalk where a pedestrian would normally walk and not expect to encounter it was a special defect
Source: CourtListener parenthetical corpus (CC0).
Judges: Barajas, McClure, Andell
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.