Plaintiff failed to request opportunity to amend pleadings before ruling on plea to the jurisdiction so waived argument says 2nd Court of Appeals

 Arthur Delgado, Jr. v. River Oaks Police Department and City of River Oaks, 02-15-00205-CV (Tex. App— Fort Worth, November 23, 2016)

Delgado sued the City and the Police Department for claims arising from his arrest for driving while intoxicated and an involuntary blood draw. The City and the Police Department filed pleas to the jurisdiction and special exceptions wherein the City asserted governmental immunity and the Police Department asserted that it lacked capacity to be sued because it is not a separate jural entity subject to suit. The trial court granted the pleas and Delgado appealed.

Delgado argues the trial court should have given him the opportunity to amend his pleadings to add additional claims before dismissing his negligence per se claims. “He does not contend that, nor does he articulate how, any amendment would have cured the jurisdictional defects…” Further, Delgado did not request an opportunity to amend from the trial court. He waived the issue of an ability to file an amendment and the trial court therefore properly granted the plea.

If you would like to read this opinion click here. The Panel includes Justice Gardner, Justice Gabriel, and Justice Sudderth. Justice Gardner delivered the opinion of the court. Mr. Delgado represented himself pro-se.  Attorney for the City of River Oaks and River Oaks Police Department is listed as Joe C. Tooley.

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