Litigation, Sovereign Immunity, TTCA

Husband’s testimony greasy area had cones, but warning was inadequate was enough to create fact issue on plea to the jurisdiction says 1st Court of Appeals in Houston

City of Houston v. Marion Crawford, 01-18-00179-CV (Tex. App. – Houston [1st Dist.], October 9, 2018) This is a premise defect case where the First District Court of Appeals in Houston affirmed the trial court order denying the City’s plea to the
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Contracts, Declaratory Judgments, Litigation, Procedure

City and EDC established personal/specific jurisdiction over out-of-state financial institutions involved in failed EDC project

City of White Settlement, et al. v. Benjamin S. Emmons, and Source Capital, LLC, 02-17-00358-CV (Tex. App. – Fort Worth, September 27, 2018) While involving a governmental entity, this case is more about personal jurisdiction over an out-of-state financial institution involved in
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Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit holds 1) IA and CID not required to share evidence and 2) disclosure of exculpatory evidence is a “trial” right, not a right before accepting a plea offer

Alvarez v City of Brownsville, 16-40772 (5th Cir. Sept. 18, 2018) This is a §1983/jail altercation case where the U.S. Court of Appeals for the 5th Circuit reversed a $2.3 million-dollar jury award and rendered judgment for the City. [Warning, opinion plus
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Health and Safety, Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Lack of due care finding by accident review board is evidence only of negligence, not recklessness under emergency responder exception to TTCA

Harris County v. George J. Spears, 14-17-00662-CV (Tex. App. – Houston [14th Dist.], September 25, 2018) This is an interlocutory appeal where the Fourteenth Court of Appeals reversed the denial of the County’s plea to the jurisdiction in this emergency responder/vehicular accident
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Litigation, Sovereign Immunity, TTCA

Austin Court of Appeals holds vehicle barrier into parking lot was not a traffic control device; therefore plaintiff injured by tripping on barrier must proceed under premise defect theory

Texas Facilities Commission v. Courtland Speer, 03-17-00244-CV (Tex. App. – Austin, August 31, 2018). This is a Texas Tort Claims Act (“TTCA”) trip and fall case where the Austin Court of Appeals reversed the denial of the Commission’s plea to the jurisdiction. The
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Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Ex-employee failed to file supplemental EEOC charge, so failed to exhaust administrative remedies says Eastland Court of Appeals

  Christopher Wernert v. City of Dublin, 11-16-00104-CV (Tex. App. – Eastland, August 30, 2018). This is an employment discrimination case were the Eastland Court of Appeals affirmed the granting of the City’s dispositive motion. Wernert was a police officer for the
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Litigation, Sovereign Immunity, TTCA

County immune from suit brought by late Judge’s widow asserting her husband was exposed to asbestos in the Jefferson County courthouse and subsequently died.

Jefferson County, Texas v. Ellarene Farris, et al., 01-17-00493-CV (Tex. App. – Houston [14th Dist.], August 31, 2018). This is an interlocutory appeal in a wrongful death case where the 14th Court of Appeals reversed the denial of Jefferson County’s plea to
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