City of Dallas v. Reed

In this premises liability case, we are asked to decide whether a two-inch difference in elevation between traffic lanes on a roadway constitutes a special defect as a matter of law under the Texas Tort Claims Act. Tex. Civ. Pbac. & Rem. Code § 101.022(b). The court of appeals held this road condition was a special defect, finding the two-inch difference in elevation “an unusual or unexpected danger to normal users of roadways.” 222 S.W.3d 903, 909 (quoting State Dep’t of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235, 238 (Tex.1992)). Because we conclude that a two-inch variance in…