Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds county commissioner has no authority over plats, so is an improper party to suit by developer

W.A “Andy” Meyers, individually and in his capacity as Fort Bend County Commissioner v. JDC/Firethorne, LTD., a Texas limited partnership; from Fort Bend County; 14th Court of Appeals District (14-15-00860-cv, 514 sw3d 279, 12-22-16) In this land development suit, the Texas Supreme
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Public Works, Sovereign Immunity, TTCA

Evidence of a shorted-out lift pump on one day, is not evidence of faulty motor driven equipment on a different day says 13th Court of Appeals

  City of Edinburg v. GNJ Realty Investments LLC, 13-17-00290-CV (Tex. App.—Corpus Christi-Edinburg August 22, 2017). This is an interlocutory appeal in a Texas Tort Claims Act (“TTCA”)/sewage backup case involving alleged negligent operation of a motor-driven lift pump. The 13th Court
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Litigation, Procedure, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA caps are cumulative, inclusive of independent contractors and their employees performing governmental functions

  Fort Worth Transportation Authority, et al., v Rodriquez, et al., 16-0542 (Tex. April 27, 2018) This is a statutory-construction case on the damages-cap and election-of-remedies under the Texas Tort Claims Act (“TTCA”). After Peterson, a pedestrian, was struck and killed by
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

Plaintiff’s pro se brief insufficient to preserve arguments on appeal holds Dallas Court of Appeals

Gilberto Hernandez v. Dallas Independent School District, 05-17-00227-CV (Tex. App. – Dallas, April 18, 2018). This is a Texas Whistleblower Act case where the Dallas Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Dallas Independent School District (“DISD”) employed
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Litigation, Procedure, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds incident report of inmate injury due to power tools was insufficient to establish actual knowledge under TTCA

Texas Department of Criminal Justice v. Neftali Cisneros 09-17-00161-CV (Tex. App– Beaumont March 1, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act (“TTCA”) case, where the Beaumont Court of
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Litigation, Sovereign Immunity, TTCA

Dallas Court of Appeals upholds jury verdict holding circumstantial evidence can establish actual knowledge of a dangerous condition

Texas Department of Transportation v. Brian Milton 05-16-00955-CV (Tex. App—- Dallas, February 14, 2018) This is a premise defect case against the Texas Department of Transportation (“TxDOT”)  where the Dallas Court of Appeals affirmed a jury verdict against TxDOT. Milton, a motorcyclist,
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Sovereign Immunity, TTCA

Failure to drive school bus to hospital instead of waiting for ambulance to assists non-responsive child is a non-use of property, which does not waive immunity says Beaumont Court of Appeals.

Nathan Delameter et. al, v. Beaumont Independent School District (Tex. App — Beaumont, February 1, 2017) This is a wrongful death/Texas Tort Claims Act case where the Beaumont Court of Appeals affirmed the granting of the school district’s plea to the jurisdiction.
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