Denton County, Texas, Petitioner v. Dianne Beynon and Roger Beynon

Summary

The Texas Supreme Court held that the seventeen‑foot floodgate arm located three feet off Old Alton Road does not qualify as a "special defect" under the Texas Tort Claims Act, and therefore Denton County's plea to jurisdiction was proper. The Court reversed the Court of Appeals and dismissed the case. Justice O’Neill dissented, arguing that the hazard was unexpected and posed a danger to ordinary users.