City of Dallas v. Prado
373 S.W.3d 848
| Tex. App. | 2012Background
- Prado sues the City of Dallas after slipping at the Latino Cultural Center during the Folklórico Festival on May 2, 2009.
- Center staff had weather-related water control procedures: locking the administrative-wing doors, removing a mat, and placing Wet Floor signs; Prado alleges no warning at the doors she used.
- Water entered through doors to the administrative wing; Prado stepped into a puddle and fell while entering the building.
- City pleads governmental immunity via TTCA and attaches evidence; Prado amended to include premise defect and general negligence claims; trial court denies the plea.
- TTCA premise defect requires actual knowledge of a dangerous condition; City argues it had no actual knowledge; disputed factual record relates to knowledge and warnings.
- Court’s analysis centers on whether Prado’s premises defect claim was supported by actual knowledge and whether the general negligence claim is subsumed under premise defect; outcome is governing immunity and jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premise defect: actual knowledge required for immunity | Prado alleges City knew of the puddle and danger (water, lock, no signs). | City had no actual knowledge of a dangerous condition at the time of the accident. | No fact issue; immunity bars premise defect claim. |
| General negligence claim independent of premise defect | Negligence separately alleged around unsafe conditions and warnings. | TTCA does not waive general negligence separate from premise defect. | General negligence claim dismissed for lack of jurisdiction. |
| Consideration of evidence referenced in response to plea | Evidence cited by Prado was properly before the court. | Evidence not attached to response; improper for consideration. | Not addressed on appeal; review limited to evidence before hearing. |
| Overall effect of TTCA on Prado’s claims | TTCA should waive immunity for premises-related injuries. | TTCA immunity bars non-premises-negligence claims and premises claims require knowledge. | Summary: grant of immunity; dismiss both claims for lack of subject-matter jurisdiction. |
Key Cases Cited
- Miranda v. Texas Parks & Wildlife Dept., 133 S.W.3d 217 (Tex. 2004) (govermental immunity and jurisdiction de novo review; evidence considered on jurisdictional pleas)
- City of Waco v. Kirwan, 298 S.W.3d 618 (Tex.2009) (jurisdictional facts; standard of proof with evidence on a plea to the jurisdiction)
- Stewart v. City of Corsicana, 249 S.W.3d 412 (Tex.2008) (actual knowledge vs. constructive knowledge of dangerous condition; circumstantial evidence can prove actual knowledge)
- Reyes v. City of Laredo, 335 S.W.3d 605 (Tex.2010) (actual knowledge required at time of accident; not just potential danger)
- Payne v. City of |, 838 S.W.2d 237 (Tex.1992) (duty to warn or make reasonably safe a known dangerous condition)