Payne v. City of Galveston

Finding myself in disagreement with the majority members of the court, I record my respectful dissent. The majority grants the motions for rehearing filed by the City and County of Galveston and affirms the summary judgments in favor of those governmental entities. I would overrule the motions for rehearing filed by the City and County of Galveston and reverse and remand this case for a trial on the merits for four reasons:

I. As a matter of law and statutory construction, the seawall is a “special defect” as that term is used in the Texas Tort Claims Act, Tex.Civ.PRAC. & Rem. Code Ann. §…