The State of Texas, Petitioner v. Judyth S. Tennison, Respondents

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the State was not liable under the Texas Tort Claims Act because the duty owed to a licensee requires actual knowledge of the dangerous condition, which was not shown. The Court affirmed that Section 18(b) limits the State’s duty to that of a private licensor to a licensee. A concurring Justice agreed with the result but emphasized the Restatement (Second) of Torts §342 knowledge test.