TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JANUARY 28, 2022

NO. 03-21-00067-CV

The City of Austin, Appellant v. Irene Quinlan, Appellee

APPEAL FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES GOODWIN, TRIANA, KELLY AFFIRMED IN PART, REVERSED AND RENDERED IN PART— OPINION BY JUSTICE TRIANA CONCURRING AND DISSENTING OPINION BY JUSTICE GOODWIN

This is an appeal from the order signed by the trial court on January 20, 2021. Having reviewed the record and the parties’ arguments, the Court holds that there was no reversible error in the portion of the order as to Quinlan’s claims relating to the City’s alleged negligent implementation of its policy regarding the maintenance of the premises. Therefore, the Court affirms the portion of the trial court’s order with respect to those claims. The Court further holds that there was reversible error in the portion of the order as to Quinlan’s claims relating to the design of the premises and her claims relating to the alleged “joint enterprise” between the City and Guero’s. Therefore, the court reverses the portion of the trial court’s order with respect to those claims and renders judgment dismissing those claims against the City. Each party shall pay the costs of appeal incurred by that party, both in this Court and in the court below.