CITY OF BEAUMONT v. LATHAN

No. 09-11-00110-CV.

346 S.W.3d 870 (2011)

CITY OF BEAUMONT, Appellant, v. Freeman LATHAN and Frieda Jenkins, Sole Heirs of the Estate of Effie Lathan, Appellees.

Court of Appeals of Texas, Beaumont.

Decided July 28, 2011.


Attorney(s) appearing for the Case

Quentin D. Price , Courtney P. Davis , Beaumont, for appellant.

Charlton P. Hornsby , Charlton P. Hornsby, P.C., Beaumont, for appellees.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.


OPINION

CHARLES KREGER, Justice.

Appellant, the City of Beaumont appeals the trial court's order denying its plea to the jurisdiction. The City raises one issue with a number of sub-issues. Essentially, the City asks us to decide whether a pile of debris stacked alongside a roadway constitutes a special defect under the Texas Tort Claims Act ("the Act"). Tex. Civ. Prac. & Rem.Code Ann. § 101.022 (West 2011). We hold that such a condition is not...

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