Legal Opinion

City of Richardson v. Justus

Texas Court of Appeals, 5th District (Dallas)

Decided November 16, 2010No. 05-10-00185-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

Opinion By

Justice MORRIS.

In this interlocutory appeal, the City of Richardson challenges the trial court’s denial of its plea to the jurisdiction in a lawsuit filed by Lisa A. Justus after she tripped and fell on a public sidewalk. The City contends the trial court erred in denying its plea because the condition of the sidewalk as alleged by Justus was not a special defect, the City had no knowledge of the alleged defect, and Justus’s separate negligence cause of action based on a City employee’s failure to repair or warn of the alleged defect is subsumed under her premises liability…

2Cases cited8 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Bland Independent School District v. BlueTexas Supreme Court · 2000
  3. Texas Department of Transportation v. JonesTexas Supreme Court · 1999
  4. State Department of Highways & Public Transportation v. PayneTexas Supreme Court · 1992
  5. Stephen F. Austin State University v. FlynnTexas Supreme Court · 2007

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3Cited by11 opinions

  1. City of Dallas v. PradoCourt of Appeals of Texas · 2012
  2. the University of Texas at Austin v. John Sampson, Texas Court of Appeals, 3rd District (Austin)2014
  3. City of Houston v. KIJU JOH, Texas Court of Appeals, 14th District (Houston)2012
  4. Board of Regents, Texas State University System, and Texas State University-San Marcos v. Stephanie Paige Steinbach, Texas Court of Appeals, 3rd District (Austin)2015
  5. Cathy Enwere v. Dallas County Hospital District D/B/A Parkland Health & Hospital System, Texas Court of Appeals, 5th District (Dallas)2023

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