(DOWNLOAD) "Durham v. Bowie County" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana " eBook PDF Kindle ePub Free
eBook details
- Title: Durham v. Bowie County
- Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
- Release Date : January 21, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
On February 16, 2001, promptly after a flood-induced chasm in Bowie County Road 4121 was discovered, warning signs were placed at the site by County employees. The next day, approximately one hour after the warning signs were removed-without the Countys knowledge-by some unknown third party, Annie Durham and Tonya Foster were killed when their car fell into that chasm. Velma Durham and Ricky Foster subsequently sued Bowie County, alleging wrongful death and seeking survivorship damages. Durham and Foster claim the Texas Tort Claims Act waived sovereign immunity. See Tex. Civ. Prac. & Rem. Code Ann. 101.001, et seq. (Vernon 1997 & Supp. 2004). The trial court found no waiver of sovereign immunity and granted Bowie Countys motion for summary judgment. Appealing the summary judgment, Durham and Foster contend the trial court (1) failed to recognize the road washout as a special defect under Section 101.022, (2) erred in applying the Section 101.055 emergency exception, and (3) incorrectly applied the notice requirement under Section 101.060. We affirm the summary judgment.
 "Durham v. Bowie County" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana " eBook PDF Kindle ePub Free){kind=link}