City of El Paso v. Chacon

OPINION

ANN CRAWFORD McCLURE, Justice.

The City of El Paso appeals the denial of its motion to dismiss based on a plea to the jurisdiction pursuant to Section 51.014(a)(8) of the Texas Civil Practices and Remedies Code. We affirm.

FACTUAL SUMMARY

On January 7, 2000, Armando Chacon was walking along a public sidewalk in the 3600 block of Dyer Street in El Paso County, Texas. Near the intersection of McKinley and Dyer, Chacon “stepped” into a hole where a utility pole or traffic control device had been installed at one time. When the device was removed, the hole was not covered and no warning signs…