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The University of Texas at Austin v. Hayes
327 S.W.3d 113
| Tex. | 2010
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Background

  • 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)
Read the full case

Case Details

Case Name: The University of Texas at Austin v. Hayes
Court Name: Texas Supreme Court
Date Published: Dec 3, 2010
Citation: 327 S.W.3d 113
Docket Number: 09-0300
Court Abbreviation: Tex.