Legal Opinion

Harding v. Kaufman County

Texas Court of Appeals, 12th District (Tyler)

Decided August 29, 2003No. 12-02-00304-CVPublishedCited by 10 opinions

1Opinion of the Court

OPINION

BILL BASS, Justice.

Norman Harding, Jr., individually and on behalf of the estate of Nicole Harding, deceased, sued Kaufman County under the Texas Tort Claims Act alleging that a special defect on a road owned and maintained by the County was a proximate cause of Nicole’s death. 1 The County’s traditional motion for summary judgment alleged 1) that the condition of the road in question was not a special defect, but, if a defect at all, that it was a premises defect of which the plaintiffs had actual or imputed knowledge; and 2) the plaintiffs failed to give written notice of their claim…

2Cases cited17 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  3. State Department of Highways & Public Transportation v. PayneTexas Supreme Court · 1992
  4. Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
  5. Corbin v. Safeway Stores, Inc.Texas Supreme Court · 1983

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3Cited by10 opinions

  1. Durham v. Bowie County, Texas Court of Appeals, 6th District (Texarkana)2004
  2. Texas Department of Transportation v. Fontenot, Texas Court of Appeals, 9th District (Beaumont)2004
  3. University of Texas at Austin v. Hayes, Texas Court of Appeals, 3rd District (Austin)2009
  4. City of Galveston, Texas v. Karen Albright, Texas Court of Appeals, 14th District (Houston)2004
  5. Texas Department of Transportation and Deavers, Inc. v. Brenda L. Fontenot, Jason Fontenot, Micah Fontenot and Robert Fontenot, Individually and Brenda L. Fontenot on Behalf of the Estate of Joseph Curry Fontenot, Texas Court of Appeals, 9th District (Beaumont)2004

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