McCreight v. City of Cleburne

OPINION

DAVIS, Chief Justice.

Appellant Martha MeCreight filed suit against Appellees, the City of Cleburne and T.R. Lowery, for injuries she sustained when a tree limb collided with the school bus she was driving along a street in Cleburne adjacent to Lowery’s property. After a pretrial hearing conducted at the request of MeCreight and Cleburne, the trial court determined that the tree limb constituted a premise defect rather than a special defect. 1 The trial court’s written order thus limited the duty Cleburne owed to users of the street under the Texas Tort Claims Act. See Tex.Civ.PRAC. &…