City of El Paso v. Bernal

Francisca Bernal sued the City of El Paso for damages she sustained when she tripped on an abraded area of a dty sidewalk and fell. The City moved for summary judgment, contending that the area where Bernal tripped was not a “special defect” within the meaning of Section 101.022(b) of the Tort Claims Act, 1 that it had no knowledge of the condition of the sidewalk, and that without such knowledge it was immune from liability to Bernal. The district court granted the City’s motion, but the court of appeals reversed and remanded, holding that the condition of the sidewalk was a special defect.…