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The University of Texas At Austin v. Robert Hayes

In this premises-liability suit, the plaintiff claims that a metal chain blocking a driveway at the University of Texas at Austin caused him to have a bicycle accident and constituted a premises defect for which the Texas Tort Claims Act waives sovereign immunity. Because the condition of the location was not a special defect as a matter of law and plaintiff failed to establish a premises-defect element, the court of appeals' judgment is reversed, and the case is dismissed for lack of jurisdiction. Texas Supreme Court, No. 09-0300, 12-03-2010

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In this premises-liability suit, the plaintiff claims that a metal chain blocking a driveway at the University of Texas at Austin (the University) caused him to have a bicycle accident and constituted a premises defect for which the Texas Tort Claims Act waives sovereign immunity. See TEX. CIV. PRAC. & REM. CODE § 101.022(a),(b). Because we conclude that the condition of the location was not a special defect as a matter of law and that the plaintiff failed to establish a premises-defect element, we reverse the court of appeals’ judgment and dismiss the case for lack of jurisdiction.

On September 12, 2003, the University began to close campus areas to configure parking for the next day’s football game. As part of its preparation, the University closed a service driveway that ran behind the Alumni Center and connected Winship Circle to Gregory Gymnasium. To prevent vehicle access on the service driveway, the University placed an eight-foot-wide orange and white barricade in front of a metal chain that stretched across the entrance.

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