Texas Department of Transportation v. Fontenot

I concur with the majority’s resolution as to Deavers, Inc,, and that portion of TXDOT’s issue two that upholds the legal sufficiency of the regular premises defect, but respectfully dissent to the majority’s resolution of issues one, three, four, five and that part of issue two that finds the evidence of a regular premise defect factually insufficient.

Issues One and Three

The majority acknowledges this court’s opinion in State Dept. of Highways and Public Transp. v. Zachary, 824 S.W.2d 813 (Tex.App.-Beaumont 1992, writ denied), *767but claims “the temporary presence of four inches of water on the…