Fort Bend Cnty. Drainage Dist. v. Sbrusch

In Fort Bend Cnty. Drainage Dist. v. Sbrusch, 818 S.W.2d 392 (Tex. 1991), a drainage district obtained an easement across privately-owned land to construct a drainage channel. Id. at 393. In exchange for obtaining the easement, the district agreed to repair all damage to roads and passageways resulting from the district's use of the easement and from the district's traveling to and from the easement. Id. In March 1981, someone informed the district that a bridge was unsafe, and one of the district's employees said that the district would "take care of it." Id. at 394. In December of that year, however, the bridge had not been repaired, and as Sbrusch attempted to cross the bridge, it collapsed. Id. Sbrusch sued the district and Fort Bend County, alleging negligence in failing to repair the bridge and in failing to warn the public of its dangerous condition. Id. Although a jury awarded damages to Sbrusch, the supreme court concluded that the district did not have a duty to Sbrusch to repair the bridge, stating in part: "A future obligation based on past conduct will arise if the first undertaking has increased a risk of harm, thereby requiring additional action to protect third persons, or if the actor makes an express promise that future assistance will be forthcoming, and the injured party relies to his detriment on that promise and the past conduct. In the present case, there is no evidence the District's past repairs increased the risk of harm to Sbrusch. Furthermore, while certain statements were made . . . indicating that future assistance would be forthcoming, there is no evidence that Sbrusch knew of this "promise" . . . . Without any knowledge that the District had undertaken to perform further repairs on this bridge, Sbrusch was not entitled to detrimentally rely on the District to perform the needed repair based solely on its past conduct." Id. at 394, 397-98.