City of Austin v. Leggett

OPINION

BOB PEMBERTON, Justice.

At approximately 6 p.m. on November 15, 2001, seventeen year-old Nathan Leg-gett tragically drowned after attempting to drive through a flooded street in southwest Austin. That afternoon, it was undisputed that the Austin area had been hit by thunderstorms with intense rainfall, hail, torna-dos and widespread flooding. Nathan’s mother, Trudy Leggett, individually and as Nathan’s heir, sued the City of Austin for damages under the survival statute and wrongful death act. She alleged that the City’s negligent maintenance or design of a stormwater detention pond,…