recognizing that in a premises defect case, a claim against governmental unit for negligent undertaking must comply with the Tort Claims Act
How later courts described this case
- recognizing that in a premises defect case, a claim against governmental unit for negligent undertaking must comply with the Tort Claims Act
- “To prevail on a premises defect claim under the TTCA, a plaintiff must prove that the condition of the premises created an unreasonable risk of harm.”
Written by the judges who cited it.
The opinion
LEE ANN DAUPHINOT, Justice,
dissenting.
Appellant City of Haltom City argued below only that there was no waiver of sovereign immunity. Because I believe the summary judgment evidence supports the trial court’s decision and that justice would be best served in this case by allowing Appellees a trial on the merits, I respectfully dissent from the majority opinion reversing the sound decision of the trial court.