City of Grapevine v. Roberts

OPINION

The primary issue we consider in this premises liability case is whether a cracked and crumbling sidewalk step constitutes an ordinary premise defect or a special defect under the Texas Tort Claims Act. Contrary to the court of appeals, we conclude that the condition of the sidewalk step in this case is an ordinary premise defect. Accordingly, although we deny the City’s application for writ of error, we disapprove of the court of appeals’ holding that the step is a special defect.

Gerri Roberts lost her balance while walking down steps from an elevated sidewalk toward the curb at the…