Sovereign Immunity, TTCA

“Wet floor” warning sign sufficient as a matter of law to warn of dried but slippery wax on floor under TTCA says Beaumont Court of Appeals

 Montgomery County v. David Lanoue, 09-16-00195-CV (Tex. App— Beaumont, December 29,2016) This is a Texas Tort Claims Act (“TTCA”) slip-and-fall case where the Beaumont Court of Appeals reversed the denial of the County’s plea to the jurisdiction and dismissed the case. When
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Discrimination, Employment Law, Sovereign Immunity

Since manager’s position was reorganized into director position, former manager was not “replaced” with someone outside of her protected class

DISD reorganized the CAFD, renamed it the Finance and Accounting Support for Campuses Department (the FASCD), and decided the new department should be led by a Director, a position one managerial level higher than Manager. The DISD hired Donna Zemanek, an Anglo
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Contracts, Sovereign Immunity

Texas Supreme Court holds contractor who rebuilt homes destroyed in hurricane for property owners was also providing “services” to Planning Commission, so Chapter 271 waiver of immunity applies.

BYRDSON SERVICES, LLC, D/B/A EXCELLO CONSTRUCTION, LLC v. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION, No. 15-0158 (Tex. December 23, 2016) After South East Texas Regional Planning Commission (“Planning Commission” or “Commission”) received federal hurricane relief funding it contracted with Byrdson Services to
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Litigation, Procedure, Sovereign Immunity

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
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Litigation, Mandamus, Procedure

Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

In re Cleo Bustamante, Jr., 04-16-00333-CV (Tex.App— San Antonio, November 23,2016) This is a mandamus case of interest to litigators primarily who deal with proper designations for responsible third parties. The Fourth Court of Appeals, sitting en banc, determined it was error
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