[Download] "City of Corsicana v. Stewart" by Wisconsin Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: City of Corsicana v. Stewart
- Author : Wisconsin Court of Appeals
- Release Date : January 28, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In this premise defect case, we determine whether claimants met their evidentiary burden of showing that a governmental entity had actual knowledge of a dangerous condition to establish a waiver of immunity under the Texas Tort Claims Act. Patrick Stewart Sr.s car stalled while he was attempting to traverse a low-water crossing on Bunert Road, which was flooded due to heavy rains. Stewart left his children inside the car and went to seek help. When he returned, his car had been swept away, and his children drowned. Stewart and Sentria Whitfield (collectively Plaintiffs), individually and as heirs to the estates of their children Patrick Stewart Jr. and Brooke Stewart, sued the City of Corsicana. The trial court granted the Citys plea to the jurisdiction based on governmental immunity, finding that the City did not have actual knowledge that the crossing was flooded at the time of the accident. A divided court of appeals reversed and remanded the case to the trial court for further proceedings. 211 S.W.3d 844, 853. Because we conclude that Plaintiffs failed to raise a fact issue regarding the Citys actual knowledge of a dangerous condition, we reverse the judgment of the court of appeals and dismiss the claims for lack of jurisdiction.