City of Houston v. Matthews

DOYLE, Justice.

This is an appeal from a judgment awarding damages to Pauline Matthews for serious personal injuries she sustained when she fell on a sidewalk located in the City of Houston adjacent to a bus stop she planned to use for boarding a bus. The City argues that under the trial court’s instruction it was required to exercise a high degree of care in maintaining the bus stop, where the law only required the use of ordinary care.

We reverse and remand.

Testimony showed that the sidewalk was in disrepair at the time of the accident. Further testimony showed that the area containing the…