Actual knowledge of a dangerous condition requires proof that the entity knew the condition existed at the time of the accident rather than merely that it could develop.
In a premise defect action arising from a fatal car accident at a flooded low-water crossing, the court determines whether plaintiffs established that the city had actual knowledge of the dangerous condition to waive sovereign immunity under the Texas Tort Claims Act. The court applies the rule that actual knowledge requires proof that the entity knew the specific dangerous condition existed at the time of the accident, distinguishing it from constructive knowledge based on the possibility that a condition could develop. Circumstantial evidence establishes actual knowledge only when it directly or by reasonable inference supports that conclusion. Because the evidence showed only that the city knew the crossing tended to flood during heavy rains and was aware of the weather after the accident, the court holds that plaintiffs failed to raise a fact issue regarding actual knowledge.
At page 414 Determining actual knowledge of a premises defect73 citing casesActual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition could develop over time.
- City of Houston v. Roddrich Robinson, No. 01-24-00495-CV (Aug. 27, 2026).published See Stewart, 249 S.W.3d at 413-16 (“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous…
- Town of Highland Park v. Tiffany Renee McCullers, Individually & for the Benefit of Calvin Marcus McCullers & Calvin Bennett McCullers & ANF of C.J., Minor, & Sonya Hoskins, 646 S.W.3d 578 (Tex. App.—Dallas 2021).published “City first learned the crossing had flooded when Stewart called 911 for help, which was after the dangerous condition had arisen.”
- City of Dallas v. Hughes, 344 S.W.3d 549 (Tex. App.—Dallas 2011).published (Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition coul…)
- City of Austin v. Leggett, 257 S.W.3d 456 (Tex. App.—Austin 2008).published Despite the City of Corsicana’s knowledge of prior flooding at the low-water crossing and heavy rainfall at the time of the accident, the supreme court dismissed the claimants’ action for lack of jurisdiction, holding that the claimants fa…
- Texas Dep't of Transp. v. Blanca Toledo & Khaloud Mirza, No. 05-22-00498-CV (Tex. App.—Dallas June 5, 2023).publishedSee, e.g., City of Corsicana v. Stewart, 249 S.W.3d 412 , 415–16 (Tex. 2008) (“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be establis…
- the Univ. of Texas MD Anderson Cancer Ctr. v. Courtney Simpson, No. 01-20-00679-CV (Tex. App.—Houston [1st Dist.] July 22, 2021).published City of Corsicana v. Stewart, 249 S.W.3d 412 , 413–16 (Tex. 2008) (“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by fact…
- Mary Lou Lujan v. the Methodist Hosp. Individually & D/B/A Houston Methodist Hosp., Houston Methodist Hosp. & Aramark Healthcare Support Servs. LLC, No. 01-20-00158-CV (Tex. App.—Houston [1st Dist.] Dec. 29, 2020).publishedCity of Corsicana v. Stewart, 249 S.W.3d 412 , 413–15 (Tex. 2008) (“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by fact…
- Jose Alonso v. Westin Homes Corp., Westin Homes of Texas, LTD., & Westin Homes & Props., L.P., No. 14-15-00898-CV (Tex. App.—Houston [14th Dist.] Dec. 13, 2016).publishedSee City of Corsicana v. Stewart, 249 S.W.3d 412 , 414–15 (Tex. 2008) (“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by…
- Jason Beene & Meredith Beene, Individually & as Next Friends of H.A.B., a Minor & H.R.B., a Minor v. the Woodlands Twp., No. 06-26-00050-CV (Sept. 16, 2026).publishedThus, the Beenes need “to show only that there is a disputed material fact regarding the jurisdictional issue.” Id. (citing Miranda, 133 S.W.3d at 228 ). “‘If the evidence raises a fact question on jurisdiction, then the trial court cannot…
- Jason Beene & Meredith Beene, Individually & as Next Friends of H.A.B., a Minor & H.R.B., a Minor v. the Woodlands Twp., No. 06-26-00050-CV (Aug. 20, 2026).publishedThus, the Beenes need “to show only that there is a disputed material fact regarding the jurisdictional issue.” Id. (citing Miranda, 133 S.W.3d at 228 ). “‘If the evidence raises a fact question on jurisdiction, then the trial court cannot…
Show 58 more citing cases
- Jesus Junior Garcia v. San Miguel Elec. Coop., Inc., No. 04-24-00729-CV (Tex. App.—San Antonio Nov. 19, 2025).published “Circumstantial evidence establishes actual knowledge only when it either directly or by reasonable inference supports that conclusion.” Stewart, 249 S.W.3d at 415 (internal quotation marks omitted); see also Reyes, 335 S.W.3d at 609 (desc…
- Red Bluff, LLC v. Nicole Tarpley, 713 S.W.3d 412 (Tex. 2025).published(noting that actual knowledge of a premises defect “requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge)
- Albertsons, LLC D/B/A Randall's Albertsons Companies, LLC D/B/A Randall's Randall's Food Markets, Inc. D/B/A Randall's & Randall's Food & Drugs Lp D/B/A Randall's v. Maryam Mohammadi, 689 S.W.3d 313 (Tex. 2024).published“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident.” Sampson, 500 S.W.3d at 397 (quoting City of Corsicana v. Stewart, 249 S.W.3d 412, 414-15 (Tex. 2008)). “[C]onstructive knowledge can be…
- Leslie Sapp Gontarek v. Virginia Louanne Sapp AKA Lou Ann Sapp, Individual, & Louanne Sapp as of the Est. of Ivan Doyle Sapp, No. 10-23-00034-CV (Tex. App.—Waco Aug. 30, 2023).publishedWhether Appellees Had Actual Knowledge of the Danger “‘Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferenc…
- Lamar Univ. v. Deborah Hanington, No. 09-21-00288-CV (Tex. App.—Beaumont Mar. 23, 2023).published“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition could develop over time.…
- Pay & Save, Inc. v. Roel Canales, 703 S.W.3d 1 (Tex. App.—San Antonio 2022).published Besides reports of prior injuries or dangers, direct or circumstantial evidence may also show actual knowledge, but “[c]ircumstantial evidence establishes actual knowledge only when it ‘either directly or by reasonable inference’ supports…
- Los Compadres Pescadores, L.L.C. v. Juan G. Valdez & Alfredo Teran, 622 S.W.3d 771 (Tex. 2021).publishedWith this evidence, there can be no reasonable dispute that Torres had actual knowledge that the power lines were both present and energized, and thus that the “dangerous condition existed at the time of the accident.” Ineos, 505 S.W.3d at…
- Texas Dep't of Transp. v. Naomi Markham, No. 04-18-00812-CV (Tex. App.—San Antonio Aug. 21, 2019).published City of Corsicana v. Stewart, 249 S.W.3d 412, 414 (Tex. 2008).
- Cuevas v. Endeavor Energy Resources, L.P., 531 S.W.3d 375 (Tex. App.—Eastland 2017).publishedId. (citing City of Corsicana v. Stewart, 249 S.W.3d 412, 414-15 (Tex. 2008) (per curiam)).
- Jessie Charles Horton v. Walden Marina, No. 09-15-00491-CV (Tex. App.—Beaumont Sept. 28, 2017).published“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be 8 established by facts or inferences that a dangerous condition could develop over tim…
- City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App.—El Paso 2017).publishedViel’s premises defect claim alleges actual and constructive knowledge as the pleading states, “[Viel] suffered bodily injuries as a direct result of a dangerous condition of the premises, which [the City] knew, or in the exercise of ordin…
- Oiltanking Houston, L.P., Oiltanking Holdings Americas, Inc., Oiltanking Partners, L.P., & Oiltanking North Am., L.L.C. v. Alberto Delgado, Individually & as Rep. of the Est. of Javier Delgado, Victoria Delgado, Individually & as Next Friend of Maria Delgado, a Minor Child, Jimmy Gutierrez, Jesus Delgado, Samuel Delgado, Edgar Delgado, 502 S.W.3d 202 (Tex. App.—Houston [14th Dist.] 2016).published“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition could develop over time.…
- Ineos USA, LLC v. Elmgren, 505 S.W.3d 555 (Tex. 2016).published“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge^] which can be established by facts or inferences that a dangerous condition could develop over tim…
- John Sampson v. the Univ. of Texas at Austin, 500 S.W.3d 380 (Tex. 2016).published City of Corsicana v. Stewart, 249 S.W.3d 412, 414 (Tex. 2008) (per curiam) (citing Miranda, 133 S.W.3d at 227–28).
- Rose v. Callon Petroleum Co., 650 F. App'x 240 (5th Cir. 2016).unpublished“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition could develop over time.…
- City of Laredo v. Reyes, 335 S.W.3d 624 (Tex. App.—San Antonio 2009).published
- Univ. of Texas at Austin v. Hayes, 279 S.W.3d 877 (Tex. App.—Austin 2009).published
- City of Wylie v. Taylor, 362 S.W.3d 855 (Tex. App.—Dallas 2012).published
- City of San Antonio v. Texas Mut. Ins. Co. as Subrogee of Fernando Hernandez, No. 04-07-00837-CV (Tex. App.—San Antonio Jan. 14, 2009).published
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Mar. 19, 2015).published
- City of Dallas v. Prado, 373 S.W.3d 848 (Tex. App.—Dallas 2012).published
- City of Haltom City v. Aurell, 380 S.W.3d 839 (Tex. App.—Fort Worth 2012).published
- Jefferson Cnty. v. Akins, 487 S.W.3d 216 (Tex. Crim. App. 2016).published
- Wardlaw v. Texas Dep't of Transp., 307 S.W.3d 369 (Tex. App.—San Antonio 2009).published
- City of Weston v. Gaudette, 287 S.W.3d 832 (Tex. App.—Dallas 2009).published
- City of Irving v. Seppy, 301 S.W.3d 435 (Tex. App.—Dallas 2009).published
- City of Dallas v. Giraldo, 262 S.W.3d 864 (Tex. App.—Dallas 2008).published
- Univ. of Texas at El Paso v. Muro, 341 S.W.3d 1 (Tex. App.—El Paso 2009).published
- Pitts v. Winkler Cnty., 351 S.W.3d 564 (Tex. App.—El Paso 2011).published
- the Kroger Co. v. Betty Shaw & Robert Shaw, No. 01-07-00030-CV (Tex. App.—Houston [1st Dist.] Jan. 30, 2009).published
- the Univ. of Texas at Austin v. Robert Hayes, No. 03-06-00581-CV (Tex. App.—Austin Mar. 6, 2009).published
- Kenneth Wardlaw, Individually & on Behalf of the Est. of Gwendolyn Elisabeth Wardlaw, & as Next Friend of John Moore v. Texas Dep't of Transp., No. 04-09-00095-CV (Tex. App.—San Antonio Nov. 25, 2009).published
- Ricky D. Starks v. the Texas Dep't of Crim. Just., No. 07-08-00518-CV (Tex. App.—Amarillo Aug. 19, 2009).published
- Johannes \Joe\" Elmgren & Valarie Elmgren, No. 14-13-00044-CV (Apr. 17, 2014).published
- Johannes \Joe\" Elmgren & Valarie Elmgren, No. 14-13-00044-CV (Mar. 20, 2014).published
- Bobby Duncan v. First Texas Homes & First Texas Homes, Inc., 464 S.W.3d 8 (Tex. App.—Fort Worth 2015).published
- Theresa Wilson v. CBL/Parkdale Mall GP,LLC A/K/A CBL Parkdale Mall, Lt, CBL Parkdale Crossing, GP, CBL Parkdale Crossing, & CBL & Assocs., LLP, No. 09-12-00566-CV (Tex. App.—Beaumont May 9, 2013).published
- the City of Dallas v. Thomas A. Davenport, 418 S.W.3d 844 (Tex. App.—Dallas 2013).published
- Texas Dep't of Transp. v. Robyn Womac, No. 13-11-00460-CV (Tex. App.—Corpus Christi Oct. 11, 2012).published
- the City of Texas City v. Edith Suarez, Individually & as Surviving Parent of AS & SS, & as Surviving Spouse of Hector Suarez, 524 S.W.3d 239 (Tex. App.—Houston [1st Dist.] 2013).published
- Roger Bufler & Sandy Bufler v. Texas Dep't of Transp., No. 03-14-00383-CV (Tex. App.—Austin Jan. 12, 2015).published
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Feb. 12, 2015).published
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Mar. 4, 2015).published
- Texas Dep't of Crim. Just. v. Sandra Dee Parker, No. 10-18-00024-CV, 2020 WL 5833869 (Tex. App.—Waco Sept. 30, 2020).published
- Troy Thoele v. Texas Dep't of Crim. Just., No. 10-18-00249-CV (Tex. App.—Waco Dec. 22, 2020).published
- Elmgren v. Ineos USA, LLC, 431 S.W.3d 657 (Tex. App.—Houston [14th Dist.] 2014).published
- Suarez v. City of Texas City, 465 S.W.3d 623 (Tex. 2015).published
- Angel Mendoza v. Hacienda Servs., Inc. Dba Censeo Homes, No. 01-24-00620-CV (Aug. 31, 2026).published
- Texas Dep't of Transp. v. Richard Zapf, Individually & as Pers. Rep. of the Est. of Hazel Marie Zapf, Gary Angelle, Lowell Angelle, Barbara Rogers & Patricia Tooley, No. 09-11-00446-CV (Tex. App.—Beaumont Jan. 17, 2013).published
- Julia Knox v. Fiesta Mart, Inc, No. 01-09-01060-CV, 2011 WL 1587362 (Tex. App.—Houston [1st Dist.] Apr. 21, 2011).published
- Rusty Morales & Olga Marie Ortiz v. Alcoa World Alumina L.L.C. & Stephen Alvarado, No. 13-17-00101-CV (Tex. App.—Corpus Christi May 17, 2018).published
- City of Houston v. Marion Crawford, No. 01-18-00179-CV, 2018 WL 4868306 (Tex. App.—Houston [1st Dist.] Oct. 9, 2018).published
- Roxanne Bradford v. Texas Health Harris Methodist Hosp., No. 02-20-00357-CV (Tex. App.—Fort Worth May 6, 2021).published
- Maryam Mohammadi v. Albertsons, LLC D/B/A Randall's Albertsons Companies, LLC D/B/A Randall's & Randall's Food Markets, Inc. D/B/A Randall's Randall's Food & Drugs L.P., D/B/A Randall's, 656 S.W.3d 851 (Tex. App.—Houston [14th Dist.] 2022).published
- Hernandez v. Dollar Gen. Corp., No. 1:22-cv-00070 (S.D. Tex. July 25, 2023).
- Milchak v. Home Depot, U.S.A., Inc., No. 3:23-cv-00441 (W.D. Tex. June 23, 2025).
- Tarrant Reg'l Water Dist. v. Tex S. Follett Jr., No. 02-24-00557-CV (Tex. App.—Fort Worth July 24, 2025).published
- City of Houston v. Shadrick Humphries, No. 01-25-00276-CV (Tex. App.—Houston [1st Dist.] Dec. 9, 2025).published
At page 415 Determining actual knowledge versus constructive knowledge52 citing cases“actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition could develop over time.”
- Town of Highland Park v. Tiffany Renee McCullers, Individually & for the Benefit of Calvin Marcus McCullers & Calvin Bennett McCullers & ANF of C.J., Minor, & Sonya Hoskins, 646 S.W.3d 578 (Tex. App.—Dallas 2021).published Therefore, the instant case is closer to the situation in Stewart. 249 S.W.3d at 412 (“City first learned the crossing had flooded when Stewart called 911 for help, which was after the dangerous condition had arisen.”).
- City of Austin v. Leggett, 257 S.W.3d 456 (Tex. App.—Austin 2008).published (As the Legislature created an actual, not constructive, knowledge standard for waiver of immunity, we conclude that Plaintiffs failed to raise a fact issue regarding the City’s knowledge of a dangerous condition.)
- Texas Dep't of Transp. v. Blanca Toledo & Khaloud Mirza, No. 05-22-00498-CV (Tex. App.—Dallas June 5, 2023).published(Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition coul…)
- the Univ. of Texas MD Anderson Cancer Ctr. v. Courtney Simpson, No. 01-20-00679-CV (Tex. App.—Houston [1st Dist.] July 22, 2021).published (Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition coul…)
- Mary Lou Lujan v. the Methodist Hosp. Individually & D/B/A Houston Methodist Hosp., Houston Methodist Hosp. & Aramark Healthcare Support Servs. LLC, No. 01-20-00158-CV (Tex. App.—Houston [1st Dist.] Dec. 29, 2020).published(Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition coul…)
- Jose Alonso v. Westin Homes Corp., Westin Homes of Texas, LTD., & Westin Homes & Props., L.P., No. 14-15-00898-CV (Tex. App.—Houston [14th Dist.] Dec. 13, 2016).published(Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition coul…)
- Kimberly Eisen, Individually & as Pers. Rep. of the Est. of W. Paul Eisen, Maranda Eisen, Marlene Eisen, & Werner Herman Eisen v. Four Sevens Operating Co. Ltd., No. 02-08-00265-CV (Tex. App.—Fort Worth May 28, 2009).published(Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident . . . .)
- Duhon, No. 1:25-cv-00390 (E.D. Tex. Sept. 11, 2026).To prove actual knowledge, though, circumstantial evidence “must either directly or by reasonable inference support that conclusion.” Suarez, 465 S.W.3d at 634 (citing City of Corsicana v. Stewart, 249 S.W.3d 412, 415 (Tex. 2008)).
- Garcia, No. 1:25-cv-00156 (E.D. Tex. Aug. 4, 2026).To prove actual knowledge, though, circumstantial evidence “must either directly or by 8 reasonable inference support that conclusion.” Suarez, 465 S.W.3d at 634 (citing City of Corsicana v. Stewart, 249 S.W.3d 412, 415 (Tex. 2008)).
- Jesus Junior Garcia v. San Miguel Elec. Coop., Inc., No. 04-24-00729-CV (Tex. App.—San Antonio Nov. 19, 2025).published “Circumstantial evidence establishes actual knowledge only when it either directly or by reasonable inference supports that conclusion”
Show 42 more citing cases
- City of San Antonio v. Drana Burch, No. 05-24-00078-CV (Tex. App.—Dallas Oct. 3, 2024).publishedCity of Corsicana v. Stewart, 249 S.W.3d 412, 415 (Tex. 2008) (per curiam); see also Town of Shady Shores v. Swanson, 590 S.W.3d 544 , 550 (Tex. 2019).
- City of Houston v. Lucy Caro, No. 14-23-00319-CV (Tex. App.—Houston [14th Dist.] Apr. 23, 2024).publishedHouston begins its argument by asserting that “the mere possibility that a dangerous condition could develop over time is insufficient to establish knowledge.” But then, citing City of Corsicana v. Stewart, Houston acknowledges that “[a]ct…
- City of Uvalde v. Alyssa Pargas, No. 04-23-00150-CV (Tex. App.—San Antonio Oct. 25, 2023).published See City of Denton v. Paper, 376 S.W.3d 762, 767 (Tex. 2012) (per curiam); Stewart, 249 S.W.3d at 415-16.
- Randall McDaniel v. Farland Monroe Dindy & Core-Mark Midcontinent, Inc., 673 S.W.3d 24 (Tex. App.—Fort Worth 2023).published Circumstantial evidence can be used to prove actual knowledge, but it must “either directly or by reasonable inference support that conclusion.” Id. at 634 (quoting City of Corsicana v. Stewart, 249 S.W.3d 412, 415 (Tex. 2008)).
- Kristopher Lloyd Fraley v. Texas A&M Univ. Sys., 664 S.W.3d 91 (Tex. 2023).published(holding that the City retained immunity because no evidence showed that the City had actual knowledge of flooding at the time of the accident; the City’s awareness that the area flooded occasionally was insufficient)
- Pay & Save, Inc. v. Roel Canales, 703 S.W.3d 1 (Tex. App.—San Antonio 2022).published Besides reports of prior injuries or dangers, direct or circumstantial evidence may also show actual knowledge, but “[c]ircumstantial evidence establishes actual knowledge only when it ‘either directly or by reasonable inference’ supports…
- City of Cleveland, Texas v. MacIe Martin Lafrance & Penny Martin, No. 09-20-00189-CV (Tex. App.—Beaumont June 9, 2022).publishedCity of Corsicana v. Stewart, 249 S.W.3d 412, 413-14, 416 (Tex. 2008) (per curiam); City of Dallas v. Giraldo, 262 S.W.3d 864, 869 (Tex. App.—Dallas 2008, no pet.).
- the Univ. of Houston-Downtown v. Jose Briones, No. 14-21-00156-CV (Tex. App.—Houston [14th Dist.] May 12, 2022).publishedConstructive notice A premises owner will be charged with constructive notice if “it is more likely than not that the condition existed long enough to give the premises owner a reasonable opportunity to discover it.” Reece, 81 S.W.3d at 81…
- Dallas Cnty. Hosp. Dist. D/B/A Parkland Health & Hosp. Sys. v. Lidia Bravo & Jefrey Bravo, No. 05-20-00640-CV (Tex. App.—Dallas Mar. 4, 2021).publishedCODE § 101.022(a). –7– conclusion.” City of Corsicana v. Stewart, 249 S.W.3d 412, 415 (Tex. 2008) (per curiam) (quoting State v. Gonzalez, 82 S.W.3d 322 , 330 (Tex.2002)).
- Texas Dep't of Transp. v. Naomi Markham, No. 04-18-00812-CV (Tex. App.—San Antonio Aug. 21, 2019).published City of Corsicana v. Stewart, 249 S.W.3d 412, 414 (Tex. 2008).
- the City of Dallas v. William Clinton Freeman, No. 05-18-00961-CV, 2019 WL 3214152 (Tex. App.—Dallas July 17, 2019).publishedCity of Corsicana v. Stewart, 249 S.W.3d 412, 415 (Tex. 2008) (per curiam).
- Linda Castro & Manuel Castro v. H.E.B. Grocery Co., L.P., D/B/A HEB, No. 14-18-00277-CV, 2019 WL 2518481 (Tex. App.—Houston [14th Dist.] June 18, 2019).publishedSee Ineos USA, LLC v. Elmgren, 505 S.W.3d 555, 568 (Tex. 2016); City of Corsicana v. Stewart, 249 S.W.3d 412, 415 (Tex. 2008) (per curiam); Univ. of Tex. at Austin v. Sampson, 488 S.W.3d 332, 339-40 (Tex. App.—Austin 2014), aff’d by 500 S.…
- Primoris Energy Servs. Corp. D/B/A Sprint Pipeline Servs. v. Thomas Myers, 569 S.W.3d 745 (Tex. App.—Houston [1st Dist.] 2018).published“Circumstantial evidence can establish actual knowledge but such evidence must ‘either directly or by reasonable inference’ support that conclusion.” Suarez v. City of Tex. City, 465 S.W.3d 623, 634 (Tex. 2015) (quoting City of Corsicana v…
- Primoris Energy Servs. Corp. D/B/A Sprint Pipeline Servs. v. Thomas Myers, No. 01-16-00631-CV (Tex. App.—Houston [1st Dist.] Aug. 30, 2018).published“Circumstantial evidence can establish actual knowledge but such evidence must ‘either directly or by reasonable inference’ support that conclusion.” Suarez v. City of Tex. City, 465 S.W.3d 623, 634 (Tex. 2015) (quoting City of Corsicana v…
- Cuevas v. Endeavor Energy Resources, L.P., 531 S.W.3d 375 (Tex. App.—Eastland 2017).publishedId. (citing City of Corsicana v. Stewart, 249 S.W.3d 412, 414-15 (Tex. 2008) (per curiam)).
- Ineos USA, LLC v. Elmgren, 505 S.W.3d 555 (Tex. 2016).published“Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge^] which can be established by facts or inferences that a dangerous condition could develop over tim…
- The Univ. of Texas at Austin v. Hayes, 327 S.W.3d 113 (Tex. 2010).published
- City of Laredo v. Reyes, 335 S.W.3d 624 (Tex. App.—San Antonio 2009).published
- City of Dallas v. Prado, 373 S.W.3d 848 (Tex. App.—Dallas 2012).published
- Wardlaw v. Texas Dep't of Transp., 307 S.W.3d 369 (Tex. App.—San Antonio 2009).published
- City of Dallas v. Giraldo, 262 S.W.3d 864 (Tex. App.—Dallas 2008).published
- Pitts v. Winkler Cnty., 351 S.W.3d 564 (Tex. App.—El Paso 2011).published
- Kenneth Wardlaw, Individually & on Behalf of the Est. of Gwendolyn Elisabeth Wardlaw, & as Next Friend of John Moore v. Texas Dep't of Transp., No. 04-09-00095-CV (Tex. App.—San Antonio Nov. 25, 2009).published
- Texas Dep't of Transp. v. Robyn Womac, No. 13-11-00460-CV (Tex. App.—Corpus Christi Oct. 11, 2012).published
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Feb. 12, 2015).published
- Suarez v. City of Texas City, 465 S.W.3d 623 (Tex. 2015).published
- Taylor v. Louis, 349 S.W.3d 729 (Tex. App.—Houston [14th Dist.] 2011).published
- City of Bastrop v. Chyanne M. Bryant, No. 03-14-00591-CV (Tex. App.—Austin Aug. 28, 2015).published
- the City of Laredo v. Maria Alejandro Reyes, Individually & as Rep. of the Est. of Karen Reyes, A/K/A Karen Vaquera, No. 04-09-00132-CV (Tex. App.—San Antonio Sept. 9, 2009).published
- the City of Keller v. Kimberlee Diane Meadors Hall & A. Thomas Hall, 433 S.W.3d 708 (Tex. App.—Fort Worth 2014).published
- Bd. of Regents, Texas State Univ. Sys., & Texas State Univ.-San Marcos v. Stephanie Paige Steinbach, No. 03-14-00326-CV (Tex. App.—Austin Nov. 24, 2015).published
- City of Bay City v. Bobbie P. Gaspard, No. 13-14-00439-CV (Tex. App.—Corpus Christi Aug. 13, 2015).published
- Benjamin David Pena v. City of Garland, No. 05-21-00611-CV (Tex. App.—Dallas Dec. 30, 2021).published
- Texas Dep't of Transp. v. David P. Sonefeld, No. 07-22-00307-CV (Tex. App.—Amarillo Dec. 21, 2023).published
- Texas Dep't of Transp. v. Richard Zapf, Individually & as Pers. Rep. of the Est. of Hazel Marie Zapf, Gary Angelle, Lowell Angelle, Barbara Rogers & Patricia Tooley, No. 09-11-00446-CV (Tex. App.—Beaumont Jan. 17, 2013).published
- Rusty Morales & Olga Marie Ortiz v. Alcoa World Alumina L.L.C. & Stephen Alvarado, No. 13-17-00101-CV (Tex. App.—Corpus Christi May 17, 2018).published
- Maryam Mohammadi v. Albertsons, LLC D/B/A Randall's Albertsons Companies, LLC D/B/A Randall's & Randall's Food Markets, Inc. D/B/A Randall's Randall's Food & Drugs L.P., D/B/A Randall's, 656 S.W.3d 851 (Tex. App.—Houston [14th Dist.] 2022).published
- Hernandez v. Dollar Gen. Corp., No. 1:22-cv-00070 (S.D. Tex. July 25, 2023).
- Navarro-Becker v. United States, 693 F. Supp. 2d 625 (W.D. Tex. 2010).published
- City of Austin, Texas v. Trudy Leggett, Individually & as Heir of Nathan Leggett, No. 03-07-00345-CV (Tex. App.—Austin June 12, 2008).published
- Cameron Cnty., Texas v. Francisco Salinas, No. 13-11-00745-CV (Tex. App.—Corpus Christi Aug. 27, 2012).published
- Evelyn Cuevas v. Endeavor Energy Resources, L.P., No. 11-15-00157-CV (Tex. App.—Eastland July 27, 2017).published
At page 413 Establishing actual knowledge for waiver of immunity31 citing casesActual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition could develop over time.
- City of Houston v. Roddrich Robinson, No. 01-24-00495-CV (Aug. 27, 2026).published (Actual knowledge requires knowledge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition coul…)
- Nelda Washington v. Wal-Mart Stores Texas, LLC & Wal-Mart Stores, Inc., No. 3:25-cv-00092 (N.D. Tex. June 26, 2026).“Actual knowledge is knowledge ‘of the dangerous condition at the time of the incident, not merely the possibility that a dangerous condition could develop over time.’” Daniels v. Allsup’s Convenience Stores, Inc., 604 S.W.3d 461 , 466 (Te…
- City of Gainesville v. Suzanne Sharp, No. 02-22-00061-CV (Tex. App.—Fort Worth Oct. 20, 2022).publishedFinally, to prove actual knowledge, Sharp must show that the City had actual knowledge “of the dangerous condition at the time of the accident.” City of Corsicana v. Stewart, 249 S.W.3d 412, 413 (Tex. 2008). “[T]here is no one test for det…
- City of Cleveland, Texas v. MacIe Martin Lafrance & Penny Martin, No. 09-20-00189-CV (Tex. App.—Beaumont June 9, 2022).publishedCity of Corsicana v. Stewart, 249 S.W.3d 412, 413-14, 416 (Tex. 2008) (per curiam); City of Dallas v. Giraldo, 262 S.W.3d 864, 869 (Tex. App.—Dallas 2008, no pet.).
- Ernest Pacheco v. EOG Resources INC., No. 10-21-00051-CV (Tex. App.—Waco Dec. 29, 2021).publishedActual knowledge is knowledge "of the dangerous condition at the time of the incident, not merely the possibility that a dangerous condition could develop over time." City of Corsicana v. Stewart, 249 S.W.3d 412, 413-14 (Tex. 2008) (per cu…
- the City of Beaumont v. Raul Isern, No. 09-19-00451-CV, 2020 WL 4680200 (Tex. App.—Beaumont Aug. 13, 2020).publishedCity of Corsicana v. Stewart, 249 S.W.3d 412, 413-15 (Tex. 2008).
- Texas Dep't of Transp. v. Naomi Markham, No. 04-18-00812-CV (Tex. App.—San Antonio Aug. 21, 2019).published City of Corsicana v. Stewart, 249 S.W.3d 412, 414 (Tex. 2008).
- the Cnty. of El Paso, Texas v. Janice Baker, 579 S.W.3d 686 (Tex. App.—El Paso 2019).publishedTherefore, we get to the heart of this case: Does Baker have any proof to overcome the County’s evidence that it had no actual notice of the claimed defect in elevator number six.3 To prove the actual-knowledge element, the licensee must s…
- The Univ. of Texas at Austin v. Hayes, 327 S.W.3d 113 (Tex. 2010).published
- City of Laredo v. Reyes, 335 S.W.3d 624 (Tex. App.—San Antonio 2009).published
Show 20 more citing cases
- Univ. of Texas at Austin v. Hayes, 279 S.W.3d 877 (Tex. App.—Austin 2009).published
- City of Wylie v. Taylor, 362 S.W.3d 855 (Tex. App.—Dallas 2012).published
- Lubbock Cnty. Water Control & Improvement Dist. & Tommy Fisher, in His Off. Capacity as President of the Bd. of Directors of the Lubbock Cnty. Water Control & Improvement Dist. v. Church & Akin, L.L.C., No. 12-1039 (Tex. July 3, 2014).published
- the Univ. of Texas at Austin v. Robert Hayes, No. 03-06-00581-CV (Tex. App.—Austin Mar. 6, 2009).published
- Jennifer McGinley v. Texas Dep't of Fam. & Prot. Servs., No. 03-08-00376-CV (Tex. App.—Austin Mar. 6, 2009).published
- City of San Antonio v. Texas Mut. Ins. Co. as Subrogee of Fernando Hernandez, No. 04-07-00837-CV (Tex. App.—San Antonio Jan. 14, 2009).published
- the Univ. of Texas at Austin v. John Sampson, 488 S.W.3d 332 (Tex. App.—Austin 2014).published
- City of Denton v. Rachel Paper, 376 S.W.3d 762 (Tex. 2012).published
- Texas Dep't of Transp. v. Jacqueline Ingram, 412 S.W.3d 129 (Tex. App.—Texarkana 2013).published
- City of Haltom City v. Brian Aurell, Individually & as Next Friend of Ranger Hunter Aurell, a Minor Jacki Chantell Sexton-Aurell, Individually Aaron Collins, Individually & as Rep. of the Est. of Alexanderia Collins & Natasha Collins, Individually, No. 02-11-00197-CV (Tex. App.—Fort Worth Aug. 23, 2012).published
- Joyce Janette Riddle v. City of Abilene, 478 S.W.3d 842 (Tex. App.—Eastland 2015).published
- the Univ. of Texas Sw. Med. Ctr. v. Verba Klingsick, Diana Klingsick & Jana Carrasco, Individually & on Behalf of the Est. of William R. Kingsick, No. 05-15-00246-CV (Tex. App.—Dallas Apr. 30, 2015).published
- the Univ. of Texas at Austin v. William A. Bellinghausen, Jr., No. 03-14-00749-CV (Tex. App.—Austin Mar. 19, 2015).published
- the Univ. of Texas M.D. Anderson Cancer Ctr. v. Karen Jones, No. 14-15-00266-CV (Tex. App.—Houston [14th Dist.] May 29, 2015).published
- City of Dallas v. Prado, 373 S.W.3d 848 (Tex. App.—Dallas 2012).published
- City of Haltom City v. Aurell, 380 S.W.3d 839 (Tex. App.—Fort Worth 2012).published
- Lubbock Cnty. Water Control & Improvement Dist. v. Church & Akin, L.L.C., 442 S.W.3d 297 (Tex. 2014).published
- Jefferson Cnty. v. Akins, 487 S.W.3d 216 (Tex. Crim. App. 2016).published
- City of Madisonville v. Ivan Aristides Cruz Hernandez, Andrew Diaz, Individually & as Rep. of the Est. of Apolo Estrada Diaz, & Maria Diaz, as Rep. of the Est. of Apolo Estrada Diaz, No. 10-22-00151-CV (Tex. App.—Waco Dec. 7, 2022).published
- Maryam Mohammadi v. Albertsons, LLC D/B/A Randall's Albertsons Companies, LLC D/B/A Randall's & Randall's Food Markets, Inc. D/B/A Randall's Randall's Food & Drugs L.P., D/B/A Randall's, 656 S.W.3d 851 (Tex. App.—Houston [14th Dist.] 2022).published
At page 416 Immunity from liability for discretionary governmental decisions7 citing cases“the city is immune from liability for discretionary decisions concerning the expenditure of limited resources for the safety of its citizens.”
- City of Whitesboro, Texas v. Diana Montgomery, No. 05-23-00979-CV (Tex. App.—Dallas Aug. 20, 2024).published(The City is immune from liability for discretionary decisions concerning the expenditure of limited resources for the safety of its citizens.)
- the City of Austin v. Irene Quinlan, 665 S.W.3d 700 (Tex. App.—Austin 2022).published([T]he City is immune from liability for discretionary decisions concerning the expenditure of limited resources for the safety of its citizens.)
- City of Dallas v. Hughes, 344 S.W.3d 549 (Tex. App.—Dallas 2011).published As emphasized by the Texas Supreme Court in Reyes , “[h]ad there been testimony that a 911 operator received a credible report at about the time of the accident that the crossing had actually flooded and was imperiling motorists, there wou…
- City of Laredo v. Reyes, 335 S.W.3d 624 (Tex. App.—San Antonio 2009).published
- Texas Dep't of Transp. v. Richard Zapf, Individually & as Pers. Rep. of the Est. of Hazel Marie Zapf, Gary Angelle, Lowell Angelle, Barbara Rogers & Patricia Tooley, No. 09-11-00446-CV (Tex. App.—Beaumont Jan. 17, 2013).published
- Tarrant Reg'l Water Dist. v. Richard Johnson & Sharkara Johnson, Individually & as Pers. Representatives of the Est. of Brandy Johnson, 572 S.W.3d 658 (Tex. 2019).published
At page 412 City first learned the crossing had flooded when Stewart called 911 for help, which was after the dangerous condition had arisen.1 citing case
- Town of Highland Park v. Tiffany Renee McCullers, Individually & for the Benefit of Calvin Marcus McCullers & Calvin Bennett McCullers & ANF of C.J., Minor, & Sonya Hoskins, 646 S.W.3d 578 (Tex. App.—Dallas 2021).published (City first learned the crossing had flooded when Stewart called 911 for help, which was after the dangerous condition had arisen.)
v.
Patrick STEWART Sr. and Sentria Whitfield, Individually and as Heirs to the Estates of Patrick Stewart Jr. and Brooke Stewart, Respondents
In this premise defect case, we determine whether claimants met their eviden-tiary burden of showing that a governmental entity had actual knowledge of a dangerous condition to establish a waiver of immunity under the Texas Tort Claims Act. Patrick Stewart Sr.’s car stalled while he was attempting to traverse a low-water crossing on Bunert Road, which was flooded due to heavy rains. Stewart left his children inside the car and went to seek help. When he returned, his car had been swept away, and his children drowned. Stewart and Sentria Whitfield (collectively Plaintiffs), individually and as heirs to the estates of their children Patrick Stewart Jr. and Brooke Stewart, sued the City of Corsicana. The trial court granted the City’s plea to the jurisdiction based on governmental immunity, finding that the City did not have actual knowledge that the crossing was flooded at the time of the accident. A divided court of appeals reversed and remanded the case to the trial court for further proceedings. 211 S.W.3d 844, 853. Because we conclude that Plaintiffs failed to raise a fact issue regarding the City’s actual knowledge of a dangerous condition, we reverse the judgment of the court of appeals and dismiss the claims for lack of jurisdiction.
The Texas Tort Claims Act provides a limited waiver of sovereign immunity when a claim arises from a premise defect. Tex. Civ. PRAC. & Rem.Code §§ 101.022(a), .025. To establish a waiver of immunity, the plaintiff must show the governmental entity had actual knowledge “of the dangerous condition at the time of the accident, not merely of the possibility that a dangerous condition c[ould] develop[*414] over time.” City of Dallas v. Thompson, 210 S.W.3d 601, 608 (Tex.2006); see also Tex. Civ. PRAC. & Rem.Code § 101.022(a). [1]
If a plea to the jurisdiction challenges the existence of jurisdictional facts, a reviewing court considers the relevant evidence to determine whether a fact question on the jurisdictional issue exists. See Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 227 (Tex.2004). If the evidence raises a fact question on jurisdiction, then the trial court cannot grant the plea to the jurisdiction, and the fact question will be resolved by the fact finder. Id. at 227-28. If the relevant evidence is undisputed or fails to raise a fact question, the trial court rules on the plea to the jurisdiction as a matter of law. Id. at 228.
At the trial court’s evidentiary hearing, the City offered evidence that it was unaware the crossing had flooded when the accident occurred. Ronald Lynch, the City’s Public Works Director, testified that the City first learned the crossing had flooded when Stewart called 911 for help, which was after the dangerous condition had arisen.
The court of appeals held that in this case, actual knowledge could be inferred from circumstantial evidence including: (1) testimony from Lynch that the crossing “sometimes” flooded during heavy rains, that the crossing was designed to allow water to flow over it during heavy rains, and that the City closed the crossing on several prior occasions due to flooding; (2) a study commissioned by the City several years prior to the accident identifying the crossing as vulnerable to future flooding; (3) a former City Council member’s testimony that she informed City personnel of “dangerous conditions” at the crossing during “light and heavy rains”; (4) the National Weather Service’s issuance of four pertinent severe weather warnings on the afternoon and night preceding the accident; (5) evidence that the Texas Department of Transportation (TxDOT) closed a road one mile upstream from the crossing several hours prior to the accident due to flooding; and (6) the responding officer’s statement that he had just assisted another officer apprehend a murder suspect pri- or to being dispatched to Stewart’s 911 call and, therefore, must have been aware of the heavy rainfall.
The City contends that the evidence relied on by the court of appeals supports an inference of constructive, not actual, knowledge of a dangerous condition. Plaintiffs respond that the City’s knowledge that the crossing tended to flood during heavy rains, combined with specific knowledge that it was raining hard on the night of the accident, supports the inference that the City actually knew the crossing was flooded at the time of the accident. In addition to the evidence relied on by the court of appeals, Plaintiffs point to statements in the responding officer’s report at the evidentiary hearing that the rain was intense as he drove to assist Stewart, that local dispatch was inundated with calls for help from stranded motorists and flooded homeowners, and that many officers could not reach those in need due to high water. Plaintiffs further argue that according to City procedures, City officials are supposed to monitor areas likely to flood when flooding is anticipated.
It is undisputed that no direct evidence was offered that the City knew the crossing was flooded prior to the accident. Actual knowledge requires knowl-.[*415] edge that the dangerous condition existed at the time of the accident, as opposed to constructive knowledge which can be established by facts or inferences that a dangerous condition could develop over time. See Thompson, 210 S.W.3d at 603. Here, the Legislature required that the City actually know that the crossing was flooded at the time of the accident. See Tex. Civ. PRAC. & Rem.Code § 101.022(a); State Dep’t of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235, 237 (Tex.1992). Circumstantial evidence establishes actual knowledge only when it “either directly or by reasonable inference” supports that conclusion. State v. Gonzalez, 82 S.W.3d 322, 330 (Tex. 2002); see also City of San Antonio v. Rodriguez, 931 S.W.2d 535, 537 (Tex.1996). For example, in State v. Gonzalez, we held that evidence TxDOT knew stop signs had been repeatedly vandalized could not reasonably support the inference that it knew the signs were missing, in the absence of evidence that someone had reported the signs missing before the accident occurred. Gonzalez, 82 S.W.3d at 330 (analyzing section 101.060(a)(3) of the Texas Tort Claims Act which also requires actual knowledge). Conversely, in City of San Antonio v. Rodriguez, involving a suit for injuries suffered as a result of a fall on a wet public basketball court, the evidence established that the City knew that the rain would drip to the floor through admitted leaks in the roof of the recreation center. Rodriguez, 931 S.W.2d at 537. The City’s employee in charge of the building had contemporaneous actual knowledge of the dangerous condition in the vicinity of the hazard — he knew of leaks in the roof and knew that it had been raining. Id. We held that, “[depending on the position of the leaks above the floor and the amount of rain, the jury might have inferred that the person in charge knew that there would be water on the floor.” Id. This was a direct and reasonable inference from the evidence submitted. Accordingly, we rejected the City’s contention that there was no evidence of actual knowledge. Id.
Unlike Rodriguez, however, the evidence presented in this case does not reasonably support the inference that the City actually knew the crossing was flooded on the night of the accident. Plaintiffs’ evidence indicates that there was inclement weather in the vicinity of Corsicana on the night of the accident, that a road one mile upstream was closed due to flooding, that the City knew the crossing tended to flood during heavy rains, and that the City was aware of heavy rains and flooding after the accident occurred. Neither this evidence nor the inferences arising therefrom raise a fact question on the City’s actual knowledge that a dangerous condition existed at or near the crossing at the time of the accident. There was evidence that TxDOT, a different governmental entity, had closed a different road due to flooding several hours prior to the accident, but Plaintiffs did not present evidence that the City knew of the road closure. Additionally, the responding officer’s statements regarding the road conditions he encountered en route to Stewart and the numerous flood-related calls the City received after he left the scene of the accident describe the City’s knowledge of the weather and road conditions after the accident occurred, not before. [2] Finally, Plaintiffs have not identified any City of[*416] ficial likely to have made a similar connection. [3] Cf . Rodriguez, 931 S.W.2d at 537. Such evidence is insufficient to support an inference of actual knowledge of a dangerous condition at the time it was occurring. See Gonzalez, 82 S.W.3d at 330. As the Legislature created an actual, not constructive, knowledge standard for waiver of immunity, we conclude that Plaintiffs failed to raise a fact issue regarding the City’s knowledge of a dangerous condition.
And regardless of whether the City should have been better prepared to respond, the City is immune from liability for discretionary decisions concerning the expenditure of limited resources for the safety of its citizens. Tex. Dep’t of Transp. v. Ramirez, 74 S.W.3d 864, 867 (Tex.2002) (the design of roadways and installation of safety features are discretionary decisions that are immune from suit) (citing Tex. Civ. Pkac. & Rem.Code § 101.056(2)); cf. State v. Terrell, 588 S.W.2d 784, 787 (Tex.1979) (discussing the police and fire protection exception to waiver of immunity).
The City also contends that the court of appeals erred by failing to address whether the crossing constituted an actionable premise defect. See Ramirez, 74 S.W.3d at 867. Because we conclude that the court of appeals erred in finding that Plaintiffs raised a fact issue as to the City’s actual knowledge of a dangerous condition, we need not address the City’s other point of error. See Mower v. Boyer, 811 S.W.2d 560, 563 n. 3 (Tex.1991) (declining to address a broader issue when the case is resolvable on a narrower ground).
Accordingly, without hearing argument, the judgment of the court of appeals is reversed and Plaintiffs’ action dismissed for lack of jurisdiction. See Tex.R.App. P. 59.1.
. Plaintiffs do not dispute that they must show actual, not constructive, knowledge to establish a waiver of immunity in this case.
. Specifically, the officer stated that "[w]hile enroute [sic] the rain was so intense and the water so high on E. 5th that my vehicle almost flooded out 3 times,” and that "[sjhortly after I left the scene as dispatch was inundated with calls for help all over town for [sic] stranded motorist [sic] in high rising water and flooded homes.” Plaintiffs presented no evidence that any of these calls were placed before the accident.
. Although City officials were supposed to monitor flood-prone areas, there is no evidence that this procedure was implemented and followed on the night of the accident. Lynch, the City's Public Works Director, testified that he was asleep on the night of the accident and was not aware of the heavy rain.