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Pitts v. Winkler County

Charley Willhelm's car failed to stop at a stop sign and crashed into James Pitts' car, according to the court's opinion. Pitts sued Winkler County under the Texas Tort Claims Act, alleging that Willhelm failed to stop because the county road had a large oil spill that the county covered with dirt, making the oil undetectable. Pitts asserts that the dirt and oil mixture constituted a premise defect for which the county has no governmental immunity. The county moved for summary judgment, arguing that its governmental immunity has not been waived. The trial court granted the motion. A fact issue exists as to all of the challenged elements of Pitts' premise defect claim. Even if the discretionary function exception could immunize the decision to cover oil spills with dirt, the evidence only establishes that the county had a blanket policy of covering oil spills with dirt. There is nothing to suggest that the county's policy specified how to apply the dirt or how much to use. The actual implementation of the policy in this case would not fall within the discretionary function exception. The trial court's judgment is reversed and remanded. El Paso Court of Appeals, No. 08-09-00297-CV, 09-21-2011.

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OPINION

This appeal arises from a car accident involving James Pitts and Charley Willhelm in Winkler County, Texas. The accident occurred at the intersection of State Highway 115 and County Road 201. Pitts was driving south on the state highway as Willhelm was driving east on the county road. Willhelm’s car failed to stop at a stop sign and crashed into Pitts’s car. Pitts sued Winkler County under the Texas Tort Claims Act (TTCA), alleging that Willhelm failed to stop because the county road had a large oil spill that the County covered with dirt, making the oil undetectable. Pitts asserts that the dirt and oil mixture constituted a premise defect for which the County has no governmental immunity. The County moved for summary judgment, arguing that its governmental immunity has not been waived for several reasons. The trial court granted the motion without specifying the grounds it found meritorious.

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