City of McAllen v. De La Garza

in which PHILLIPS, Chief Justice, GONZALEZ, HIGHTOWER, HECHT, GAMMAGE, and ENOCH, Justices, join.

This case presents the question whether the owner of a caliche pit has a duty to make the pit safe for or to warn those who are not traveling with reasonable care upon the adjoining highway. We hold there is no duty.

On May 27, 1989, Robert Garza and his sixteen-year old passenger Aaron De La *810Garza were traveling on a straight, two-lane, paved road, twenty-two feet wide, with unimproved shoulders and no center stripe. A caliche pit approximately thirty feet deep abuts this road, and in some places…