Norman & Schaen, Inc. v. City of Dallas

GUITTARD, Justice.

In this action for water damage to the contents of a building, the principal question is whether the City had a duty to avoid the damage by constructing a larger storm drain than one constructed more than forty years before the floods in question. We hold that the City had no such duty, and, consequently, that the trial court properly refused to submit special issues concerning the City’s alleged negligence in maintaining a drain with the insufficient capacity to accommodate the water expected to flow through it. We also hold that the court properly excluded testimony…