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Frazier v. City of Dallas5/24/2000
about how the area around the Beckley Street Bridge floods in bad weather" raised a fact question regarding whether the City knew or should have known the bridge floods in bad weather. We disagree. Lagarde did not state his organization notified the City that the bridge floods. Instead, he says they told the City only that the area around the bridge floods. The purpose of a bridge is to provide travelers a means to traverse flooded areas around it. Lagarde's affidavit is not evidence the City knew or should have known the bridge would flood.
Appellant also relies on the December 1978 report of Albert H. Halff Associates, Inc., and a flood-plain map. Halff prepared the report with the authorization of the Dallas City Council recommending improvements to the flood plain of Cedar Creek and its tributaries. The report notes that the bridges over Cedar Creek flood during bad weather and recommends renovations to the bridge and the Creek to reduce the risk of flooding. However, this report is not certified, sworn to, or otherwise authenticated. The flood-plain map shows the Beckley Avenue bridge across Cedar Creek is in the hundred-year flood plain, but this map is not certified, sworn to, or otherwise authenticated. Documents submitted as summary judgment evidence must be sworn to or certified. See Tex. R. Civ. P. 166a(f); Llopa, Inc. v. Nagel, 956 S.W.2d 82, 87 (Tex. App._San Antonio 1997, pet. denied). Without authentication, Hallf's report and the flood-plain map are substantively defective and lack probative value to defeat summary judgment. See Llopa, Inc., 956 S.W.2d at 87.
Appellant did not present summary judgment evidence raising a fact issue regarding whether the City knew or should have known the bridge would flood. We hold appellant has not shown the trial court erred in granting the City's motion for summary judgment. We resolve appellant's issues against him.
We affirm the trial court's judgment.
TOM JAMES, JUSTICE
Do Not Publish
Tex. R. App. P. 47
991399F.U05
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