DENTON COUNTY v. BEYNON

No. 08-0016.

283 S.W.3d 329 (2009)

DENTON COUNTY, Texas, Petitioner, v. Dianne BEYNON and Roger Beynon, Individually, et al., Respondents.

Supreme Court of Texas.

May 1, 2009.


Attorney(s) appearing for the Case

William W. Krueger III, Casey Sean Erick, Martin, Disiere, Jefferson & Wisdom, L.L.P., Dallas, TX, for Petitioner.

James L. Mitchell, Payne Mitchell Law Group, Dallas TX, for Respondent.


Justice WILLETT delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice BRISTER, Justice GREEN, and Justice JOHNSON joined.

In this premise-liability case, we decide whether a seventeen-foot floodgate arm located approximately three feet off a two-lane rural roadway is a "special defect" under the Texas Tort Claims Act (TTCA). We hold the floodgate arm does not meet the TTCA's narrow definition of a special defect. Accordingly, we reverse...

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