rhenry12598 – Page 20 – The Law Offices of Ryan Henry

Litigation, TTCA

Failure to use an x-ray machine in the right body area to locate a missing sponge constitutes the misuse of tangible personal property under TTCA

Special contributing author Laura Mueller, City Attorney for Dripping Springs Univ. of Tex. Sw. Med. Ctr. V. Rhoades, No. 05-19-00445-CV (Tex. App.—Dallas June 30, 2020). This is a medical negligence case brought under the Texas Tort Claims Act (TTCA) filed after a
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Contracts, Sovereign Immunity

Corpus Christi Court of Appeals holds recovery in breach of contract case under Chapter 271 waiver of immunity dependent on contract definition of “owner” – attorney’s fees are recoverable for any contract covered by Chapter 271 waiver.

Special guest author Laura Mueller, City Attorney of Dripping Springs City of Corpus Christi v. Graham Constr. Servs., Inc., 2020 WL 3478661, No. 13-19-00367-CV (Tex. App.—Corpus Christi June 25, 2020) (mem. op.). This is a breach of contract claim under Chapter 271
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Agency, Declaratory Judgments, Litigation, PIA

Austin Court of Appeals holds junior college could not withhold school transcripts of two employees under the Texas Public Information Act

Del Mar College District v Ken Paxton, 03-19-00094-CV (Tex. App. – Austin, July 1, 2020) This is a Texas Public Information Act (“PIA”) case where the Austin Court of Appeals affirmed an order requiring the release of certain information possessed by the
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

VIA Metropolitan Transit v Curtis Meck, 18-0458 (Tex. June 26, 2020) This is a Texas Tort Claims Act (TTCA) case involving a VIA bus accident where the Texas Supreme Court affirmed a jury award against VIA. VIA Metropolitan Transit is a governmental
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Sovereign Immunity, TTCA

Paying for train ticket is not the same as paying for use of train station under TTCA premise defect claim says 5th Court of Appeals

Special guest author Laura Mueller, City Attorney for Dripping Springs City of Dallas v. Kennedy, No. 05-19-01299-CV (Tex. App.—Dallas June 13, 2020) (mem. op.) This is a slip and fall/Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals reversed
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Employment Law, Whistleblower

Whistleblower Act report qualified even though the chief already knew about the alleged regarding the violation of law.

Special Guest Author, Laura Mueller. City of Fort Worth v. Pridgen, et al., No. 05-18-00652-CV (Tex. App.—Dallas June 18, 2020) (mem. op.). This is a Whistleblower Case (Texas Government Code Chapter 554) where the Dallas Court of Appeals affirmed the trial court’s
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Litigation, TTCA

San Antonio Court of Appeals holds because officer’s affidavit was too sparse to establish a proper lookout trial court properly denied the plea to the jurisdiction

City of San Antonio v Huron, 04-19-00570-CV (Tex. App. – San Antonio, June 11, 2020) This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
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Declaratory Judgments, Injunction, Litigation, Vested Rigths

Austin Court of Appeals holds no vested rights for zoning changes related to square foot of use ratio

River City Partners, Ltd. V City of Austin, 03-19-00253-CV (Tex. App. — Austin, June 4, 2020). This is a vested rights/Chapter 245 challenge suit where the Austin Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. In 1986,
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Agency, Sovereign Immunity

Texas Supreme Court holds contractor entitled to derivative immunity for conspiracy claims, but not fraud claims

GTECH Corp v. Steele, et al, 18-0158 (Tex. June 12, 2020). In this case, the Texas Supreme Court held a contractor providing certain functions of the Texas Lottery Commission was not entitled to derivative sovereign immunity. GTECH provided instant ticket manufacturing and
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Agency, Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Structural Standards, Tax, TOMA, Zoning

BOA appeal deadline of 10 days applies to Open Meetings, declaratory judgment, and as-applied constitutional claims, holds Dallas Court of Appeals

Tejas Motel, LLC v City of Mesquite, by and through its Board of Adjustment, 05-19-00667-CV (Tex. Civ. App. – Dallas, June 4, 2020). This is an appeal from a Board of Adjustment decision regarding non-conforming status in which the Dallas Court of
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Author: rhenry12598

Failure to use an x-ray machine in the right body area to locate a missing sponge constitutes the misuse of tangible personal property under TTCA

Corpus Christi Court of Appeals holds recovery in breach of contract case under Chapter 271 waiver of immunity dependent on contract definition of “owner” – attorney’s fees are recoverable for any contract covered by Chapter 271 waiver.

Austin Court of Appeals holds junior college could not withhold school transcripts of two employees under the Texas Public Information Act

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

Paying for train ticket is not the same as paying for use of train station under TTCA premise defect claim says 5th Court of Appeals

Whistleblower Act report qualified even though the chief already knew about the alleged regarding the violation of law.

San Antonio Court of Appeals holds because officer’s affidavit was too sparse to establish a proper lookout trial court properly denied the plea to the jurisdiction

Austin Court of Appeals holds no vested rights for zoning changes related to square foot of use ratio

Texas Supreme Court holds contractor entitled to derivative immunity for conspiracy claims, but not fraud claims

BOA appeal deadline of 10 days applies to Open Meetings, declaratory judgment, and as-applied constitutional claims, holds Dallas Court of Appeals

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