Texas Supreme Court

City of San Antonio, Petitioner v. Carlos D. Rodriguez, Respondent

October 18, 199640 Tex. Sup. Ct. J. 48

Summary

The Texas Supreme Court held that the jury instruction on the City’s duty was erroneous because it allowed a finding of negligence based solely on a failure to warn, and that the dangerous condition was the water on the floor, not the leaky roof; therefore the judgment was reversed and the case remanded for a new trial.