County of Cameron v. Brown

Justice JEFFERSON,

joined by Justice OWEN,

concurring in the judgment.

The Court holds that the unique characteristics of the causeway constitute an “unreasonably dangerous condition” for which governmental entities may be liable under the Texas Tort Claims Act. But the Court never articulates a principle to identify in future cases the characteristics that will give rise to a cause of action within the terms of the Act. In this area of governmental immunity, the Court’s “I know it when I see it” analysis exacts too great a price. The resulting uncertainty from the Court’s lack of guidance will,…