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CITY OF CELINA v. BLAIR

No. 05-04-01460-CV.

171 S.W.3d 608 (2005)

CITY OF CELINA, Appellant, v. Stacey BLAIR, Individually and as Next Friend of Courteney Blair and Caitlin Blair, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled September 22, 2005.

Attorney(s) appearing for the Case

William W. Krueger, III, Rebecca Durrett, Fletcher & Springer, L.L.P., Dallas, TX, for Appellant.

Andrew Korn, David M. Diaz, Korn, Bowdich & Diaz, L.L.P., Dallas, L. Alan Grundy, Austin, for Appellee.

Before Justices WHITTINGTON, FITZGERALD, and RICHTER.

OPINION

Opinion By Justice FITZGERALD.

Appellee Stacy Blair's husband was killed in a motorcycle accident on a road within the limits of appellant City of Celina. Blair sued the City and the Texas Department of Transportation on a premises liability theory, alleging both a premise defect and a special defect with the road. Blair pleaded that the City's sovereign immunity to premises liability claims had been waived in the Texas Torts Claims Act. The City...

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