CITY OF CORSICANA v. STEWART

No. 07-0058.

249 S.W.3d 412 (2008)

CITY OF CORSICANA, Texas, Petitioner, v. Patrick STEWART Sr. and Sentria Whitfield, Individually and as Heirs to the Estates of Patrick Stewart Jr. and Brooke Stewart, Respondents.

Supreme Court of Texas.

March 28, 2008.


Attorney(s) appearing for the Case

William W. Krueger III, Kenneth J. Lambert, Casey Sean Erick, Fletcher & Springer, L.L.P., Dallas, and Terry L. Jacobson, Jacobson Beard & Edmondson, P.C., Corsicana, TX, for Petitioner.

Mark S. Werbner, Andrew Conway, Joel Lawrence Israel, Sayles & Werbner, Eric D. Pearson, Heygood Orr Reyes Pearson & Bartolomei, and John Kevin Lamar Kelley, Nuru Lateef Witherspoon, Kelley & Witherspoon, Dallas, TX, for Respondents.

C. Michael Ratliff and William E. Williams III, Office of Attorney General, Austin, TX, for Person In Interest.


PER CURIAM.

In this premise defect case, we determine whether claimants met their evidentiary burden of showing that a governmental entity had actual knowledge of a dangerous condition to establish a waiver of immunity under the Texas Tort Claims Act. Patrick Stewart Sr.'s car stalled while he was attempting to traverse a low-water crossing on Bunert Road, which was flooded due to heavy rains. Stewart left his children inside the car and went to seek help. When he...

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