The University of Texas at Austin v. Hayes
327 S.W.3d 113
| Tex. | 2010Background
- Hayes bicycled onto UT Austin campus at night and encountered a barricade and a chain blocking a service driveway behind the Alumni Center.
- The University had closed the driveway to configure parking for a football game and placed an eight-foot-wide barricade in front of the chain.
- Hayes veered around the barricade and struck the chain, sustaining injuries.
- Hayes sued UT Austin under the Texas Tort Claims Act, alleging a premises defect and failure to warn.
- The trial court denied the University's plea to the jurisdiction and granted Hayes partial summary judgment; on appeal the court of appeals affirmed; the Supreme Court granted review.
- The Court held the condition was not a special defect or a premises defect with actual knowledge by the landowner, and dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the chain location a TTCA special defect? | Hayes argues the chain and barricade create a dangerous condition akin to a special defect. | University contends the location is not a special defect under §101.022(b). | No; chain not a special defect. |
| Does the University have actual knowledge of a dangerous condition to support a premises-defect claim? | University knew of the chain and its danger at the time of the accident. | There was no actual knowledge of a dangerous condition; barricade negates knowledge. | No; lack of actual knowledge forecloses premises-defect claim. |
Key Cases Cited
- Texas Dep't of Transp. v. York, 284 S.W.3d 844 (Tex. 2009) (defines special defects and the ordinary-user standard)
- Denton County v. Beynon, 283 S.W.3d 329 (Tex. 2009) (special defects depend on threat to ordinary users; narrow class)
- City of Corsicana v. Stewart, 249 S.W.3d 412 (Tex. 2008) (actual knowledge required for premises-defect defense)
- State Dep't of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235 (Tex. 1992) (examples and limits of special defects)
- City of El Paso v. Bernal, 986 S.W.2d 610 (Tex. 1999) (special-defect cases; per curiam)
