Texas Supreme Court
The State of Texas, Petitioner v. Judyth S. Tennison, Respondents
May 1, 1974509 S.W.2d 560
Summary
The Texas Supreme Court reversed the lower courts and held that the State was not liable for the plaintiff's injuries because, under Section 18(b) of the Texas Tort Claims Act, the State owes only the duty owed by a private person to a licensee, which requires actual knowledge of the dangerous condition—a fact not shown in the record. The Court noted that the plaintiff’s claim fails and affirmed the limitation of the State’s liability. Justice Reavley, concurring, agreed with the result but emphasized his preference for the Restatement §342 test.