Tex. Facilities Comm'n v. Speer

This appeal, from an interlocutory order denying a plea to the jurisdiction,1 stems from a trip-and-fall lawsuit brought by the appellee, Courtland Speer, involving a cable barrier under the control of the appellant, the Texas Facilities Commission. The pivotal issue concerns the duty element Speer must prove to bring a negligence claim against the Commission under the applicable waiver of sovereign immunity provided in the Tort Claims Act (TTCA).2 The Commission urges that its duty to Speer is limited to that owed by a private landowner to a licensee with respect to an ordinary premises…