City of Denton v. Rachel Paper
376 S.W.3d 762
Tex.2012Background
- Denton sued Paper in a premises-liability action under the Texas Tort Claims Act after a sunken roadway area caused Paper to crash her bicycle.
- The city excavated Willowwood Street for a sewer tap, erected barricades, and later repacked the cut-out and removed barricades.
- Paper alleged the City’s negligent creation, failure to repair, or failure to warn about the condition caused her injuries.
- The district court denied summary judgment; the court of appeals affirmed, finding a special defect.
- The Texas Supreme Court granted review to determine whether the defect was special or ordinary and whether the City had actual knowledge.
- The Court held the depression was not a special defect and that Paper failed to prove actual knowledge of a dangerous condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the sunken roadway condition a special defect? | Paper (Paper) contends the hole is a special defect like an excavation/obstruction. | City argues it is an ordinary defect not requiring heightened duty. | Not a special defect; ordinary premises defect. |
| Did the City have actual knowledge of the dangerous condition? | Paper asserts City knew or should have known after repairs. | City asserts lack of actual knowledge; repairs were completed a week before incident and no prior complaints. | No actual knowledge shown; summary judgment proper against Paper. |
Key Cases Cited
- University of Tex. at Austin v. Hayes, 327 S.W.3d 113 (Tex. 2010) (helps define 'special defect' under York framework)
- Tex. Dep’t of Transp. v. York, 284 S.W.3d 844 (Tex. 2009) (defines class of special defects by comparison to excavations/obstructions)
- County of Harris v. Eaton, 573 S.W.2d 177 (Tex. 1978) (fact pattern involving large hole; supports special-defect concept)
- Reed v. City of Dallas, 258 S.W.3d 616 (Tex. 2008) (two- to three-inch elevation difference not a special defect)
- City of El Paso v. Bernal, 986 S.W.2d 610 (Tex. 1999) (three-inch depression not a special defect)
- State v. Reyes, 335 S.W.3d 605 (Tex. 2010) (actual-knowledge standard for premises defect claims)
- DeWitt v. Harris County, 904 S.W.2d 650 (Tex. 1995) (premises-defect analysis under §101.022)
- City of Corsicana v. Stewart, 249 S.W.3d 412 (Tex. 2008) (actual knowledge required at time of accident)