The City of Denton, Texas, Petitioners v. Michael Van Page, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and held that the City of Denton is not liable for the dangerous condition of the storage building because it neither owned, occupied, nor controlled the premises, nor created the dangerous condition. The Court affirmed that liability under the Tort Claims Act requires a duty based on ownership, control, or creation of the condition. Justice Kilgarlin concurred, emphasizing the limits of the Act and the Restatement §324A analysis.