Martinez v. City of Lubbock

BRIAN QUINN, Justice.

Roger Martinez appeals from a final summary judgment denying him recovery against the City of Lubbock. Two issues pend for our review. The first concerns whether an uncovered hole, which once contained a water meter, constitutes a special defect or a premises defect under the Texas Tort Claims Act. 1 The second issue need only be addressed if we conclude that the condition was a premises defect. Should we so conclude, our task then encompasses the duty of deciding whether the City established as a matter of law that it lacked actual knowledge of the condition. We affirm.

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