Texas Supreme Court

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

May 1, 200952 Tex. Sup. Ct. J. 710

Summary

The Texas Supreme Court held that a seventeen‑foot floodgate arm located three feet off a rural roadway does not qualify as a “special defect” under the Texas Tort Claims Act, reversed the Court of Appeals judgment and dismissed the case. Justice O’Neill dissented, arguing the arm should be treated as a special defect.