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MARTINEZ v. CITY OF LUBBOCK

No. 07-98-0247-CV.

993 S.W.2d 882 (1999)

Roger MARTINEZ, Appellant, v. CITY OF LUBBOCK, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled July 8, 1999.

Attorney(s) appearing for the Case

Fred Bowers, Judson Waltman, Bowers Law Office, Lubbock, for appellant.

Anita E. Burgess, City Atty., Jeff Hartsell, Trial Atty., Lubbock, for appellees.

Before BOYD, C.J., QUINN, and REAVIS, JJ.

BRIAN QUINN, Justice.

Roger Martinez appeals from a final summary judgment denying him recovery against the City of Lubbock. Two issues pend for our review. The first concerns whether an uncovered hole, which once contained a water meter, constitutes a special defect or a premises defect under the Texas Tort Claims Act.1 The second issue need only be addressed if we conclude that the condition...

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