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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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

City employee returning to work from lunch deemed not to be in course and scope of employment says 14th Court of Appeals

  Martin Molina v. City of Pasadena, 14-17-00524-CV (Tex. App. – Houston [14th Dist.], August 21, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the 14th District Court of Appeals affirmed the granting of the City’s plea to
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Police officer’s need to reach site of 911 call justified actions of entering intersection in course and manner – immunity therefore preserved

  Jason Roche v. City of Austin, 03-17-00727-CV (Tex. App. – Austin, August 21, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case were the Austin Court of Appeals affirmed the granting of a dismissal order. Police Officer Nguyen was
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Sovereign Immunity, TTCA

First District Court of Appeals holds evidence that the City could have done more to warn the licensee does not show actual knowledge of a dangerous condition under Texas Tort Claims Act

  The City of Stafford, Texas v. Joe Svadlenak 14-18-00089-CV,  2018 WL 3734021 (Tex. App – Houston [1st Dist.], August 7, 2018) This is a Texas Tort Claims Act (“TTCA”)/premise defect case where the First District Court of Appeals reversed the denial
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