City of Dallas v. Reed

Summary

The Supreme Court of Texas held that a two-inch elevation difference between traffic lanes was not a special defect under the Texas Tort Claims Act because it was not the same kind or class as an excavation or obstruction and did not present an unusually dangerous condition. The Court further held that the City of Dallas lacked actual knowledge that the condition created an unreasonable risk of harm, so the condition did not support a premises-defect claim. The Court reversed the court of appeals and dismissed the case.

Holdings

1. The Supreme Court of Texas had jurisdiction because the court of appeals' decision was inconsistent with prior decisions of the Supreme Court of Texas in a manner requiring clarification.
2. A two-inch difference in elevation between traffic lanes is not a special defect under the Texas Tort Claims Act because it is not of the same kind or class as an excavation or obstruction and does not present an unusually dangerous condition to ordinary roadway users.
3. The two-inch drop-off did not support a premises-defect claim because the City lacked actual knowledge that the condition created an unreasonable risk of harm at the time of the accident.

Questions Presented

1. Whether a two-inch elevation difference between traffic lanes is a special defect under the Texas Tort Claims Act as a matter of law.
2. Whether the roadway condition could support a premises-defect claim based on the City's actual knowledge of an unreasonable risk of harm.
3. Whether the Supreme Court of Texas had jurisdiction over the interlocutory appeal because the court of appeals' decision conflicted with prior decisions.

Disposition

reversed_and_remanded