Reyes v. City of Laredo
335 S.W.3d 605
| Tex. | 2010Background
- Reyes sues City of Laredo for wrongful death of her 14-year-old daughter drowned when a van was swept away at Chacon Creek crossing on Century Boulevard during heavy rain.
- City asserted governmental immunity and moved to dismiss for lack of jurisdiction; trial court denied, City appealed.
- Texas Tort Claims Act §101.022 limits government duty for premise defects to actual knowledge, with a special-defect exception for excavations/obstructions on highways.
- Court discusses whether a rain-flooded street crossing is a 'special defect' and thus subject to heightened duties.
- Court distinguishes whether the City had actual knowledge of the dangerous condition at the time of the accident.
- Ultimately, court reverses the court of appeals and renders judgment dismissing Reyes's action with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a rain-flooded street crossing a 'special defect' under §101.022(b)? | Reyes: flooding is a special defect requiring heightened duty. | City: not a special defect; flood generally not the kind described by statute. | Not a special defect. |
| Did the City have actual knowledge of the dangerous condition at the time of the accident? | Sanchez affidavit suggests prior rising water and imminent danger before 3:04 a.m. | Evidence does not prove actual knowledge of flooding at the moment of the accident. | No actual knowledge at time of accident. |
| Does governmental immunity defeat Reyes's lawsuit in this context, warranting dismissal? | City had a duty to warn based on actual knowledge of danger. | Immunity bars the suit when there is no actual knowledge of a dangerous condition. | Immunity bars the claim; action dismissed with prejudice. |
Key Cases Cited
- State Dep't of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235 (Tex. 1992) (defines special defects and duty standards for highway conditions)
- City of Dallas v. Thompson, 210 S.W.3d 601 (Tex. 2006) (actual knowledge vs potential risk for liability)
- Tex. Dep't of Transp. v. York, 284 S.W.3d 844 (Tex. 2009) (distinguishes unusual dangers from ordinary roadway variations)
- Cnty. of Harris v. Eaton, 573 S.W.2d 177 (Tex. 1978) (special defects include excavations/obstructions; broad general rule)
- State v. Kitchen, 867 S.W.2d 784 (Tex. 1993) (icy conditions not a special defect under similar circumstances)
- City of Corsicana v. Stewart, 249 S.W.3d 412 (Tex. 2008) (no actual knowledge of dangerous condition at crossing at time of accident)
- Barzien? (assorted cited)**, 323 S.W.3d 0 (Tex. App.) (placeholder to reflect multiple cited authorities in opinion)
- Miranda v. State, 591 S.W.2d 568 (Tex. App.-El Paso 1978) (flood-related rulings in some jurisdictions)