[DOWNLOAD] "State Texas v. Mrs. A. J. Mcbride" by Supreme Court of Texas " Book PDF Kindle ePub Free
eBook details
- Title: State Texas v. Mrs. A. J. Mcbride
- Author : Supreme Court of Texas
- Release Date : January 20, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is a suit brought under the provisions of Article 6252-19, Vernons Texas Civil Statutes, commonly known as the Texas Tort Claims Act. Plaintiff-Appellee Mrs. A. J. McBride brought this suit against Defendant-Appellants The State of Texas, The State Department of Highways and Public Transportation, and The State Highway and Public Transportation Commission for her personal injuries and damages growing out of an automobile accident which occurred on November 1, 1977, while she was travelling over a portion of a Farm to Market Road which was undergoing construction. Plaintiff alleged that "the roadway of FM 2346 in the area where the accident occurred which was being reworked by the State was wet, sloppy, and slick, and the State owed a duty to your Plaintiff as well as the travelling public to warn of the condition of FM Highway 2346 at the point where the accident occurred." Plaintiff further alleged: "The State of Texas has a duty and owes a duty to the citizens of the State of Texas and to the people using said highways and roadways and to maintain them in reasonably safe condition and to properly warn, mark, and apprise the traveling public of said conditions. In this connection your Plaintiff would show that the Defendants have created a special defect upon FM 2346 and by virtue of such special defect owe a duty to the Plaintiff of a higher order than that owed to a licensee, and the Defendants breached its duty by creating the special defect, and failing to adequately warn of the existence of the special defect, all of which was negligence and were each and all a proximate cause of the accident made the basis of this suit."
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