City of Wylie v. Taylor
362 S.W.3d 855
Tex. App.2012Background
- Taylor plaintiffs sue City of Wylie for home damage allegedly caused by a damaged subterranean drainage pipe owned by the City.
- Taylors reported the issue to the City's Public Works on May 17, 2010; the City investigated and later replaced/relocated the pipe without liability admission.
- Plaintiffs allege TTCA premises and/or special defect theories and DTPA claims, asserting the City's maintenance policy caused the defect and damages.
- City filed a plea to the jurisdiction asserting governmental immunity; trial court denied the plea.
- Appellate court held the Taylors failed to show a TTCA waiver or DTPA waiver; the disputed claims are barred by immunity, so dismissal is appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim is a special defect under TTCA | Taylor asserts a special defect from the City's maintenance of the pipe. | City argues pipe is not a TTCA special defect; immunity applies. | Claim not within narrow special defect class; dismissed for lack of jurisdiction. |
| Whether the claim is a premises defect under TTCA with actual knowledge | City had actual knowledge of a dangerous condition before damage occurred. | No direct evidence of prior knowledge; no waiver under TTCA premises defect. | No actual knowledge shown; premises defect claim barred by immunity. |
| Whether DTPA claims waive immunity | DTPA claims should proceed; City’s conduct violated consumer protection statutes. | DTPA does not apply to governmental entities absent clear legislative waiver. | No clear waiver; DTPA claims barred by immunity. |
| Whether attorney’s fees claims survive immunity | Fees recoverable under DTPA and CPRA sections due to damages and nonpayment. | No recoverable damages tied to a waived claim; fees barred. | Attorneys’ fees barred; no waiver of immunity for underlying claims. |
Key Cases Cited
- Denton County v. Beynon, 283 S.W.3d 329 (Tex. 2009) (special defect requires threat to ordinary users; narrow class)
- Hayes, 327 S.W.3d 113 (Tex. 2010) (premises defect and TTCA waiver framework)
- Stewart, 249 S.W.3d 412 (Tex. 2008) (actual knowledge requirement for premises defect waiver)
- Seppy, 301 S.W.3d 441 (Tex. 2014) (duty in ordinary premises defect; TTCA waiver limits)
- Dallas Cnty. v. Hughes, 344 S.W.3d 549 (Tex.App.-Dallas 2011) (discretionary powers exception; policy vs. operation distinction)
- Teague v. City of Dallas, 344 S.W.3d 434 (Tex.App.-Dallas 2011) (TTCA waiver; governmental function analysis)
- Bossley, 968 S.W.2d 339 (Tex. 1998) (TTCA immunity waiver limited; broad discretion)
- City of Dallas v. Hillis, 308 S.W.3d 526 (Tex.App.-Dallas 2010) (governmental function immunity under TTCA)