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DALLAS COUNTY v. WADLEY

No. 05-04-00207-CV.

168 S.W.3d 373 (2005)

DALLAS COUNTY, Appellant, v. Rodney WADLEY and Gilbert Strickland, Appellees.

Court of Appeals of Texas, Dallas.

August 1, 2005.

Attorney(s) appearing for the Case

Jana Marie Prigmore, District Attorney's Office-Civil Div., Dallas, for Appellant.

Terry Carnes, Law Offices of Terry Carnes, Dallas, for Appellee.

Before Justices MORRIS, LANG, and MAZZANT.

OPINION

Opinion by Justice MAZZANT.

In this case, we must decide whether an overloaded elevator in a Dallas County jail constitutes a premises defect waiving Dallas County's immunity from suit. See TEX. CIV. PRAC. & REM.CODE ANN. §§ 101.021(2),.022(a) (Vernon 2005). The trial court denied the County's plea to the jurisdiction, and the County brings this interlocutory appeal. See TEX. CIV. PRAC. & REM.CODE ANN. § 51.014...

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