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Category: Sovereign Immunity

Litigation, Sovereign Immunity, TTCA

Temporary construction railing is “personal property” not a premise defect under Texas Tort Claims Act.

April 26, 2013rhenry12598Leave a comment

Harris County – Houston Sports Authority v Chilei, NO. 14-12-00380-CV (Tex. App. Houston [14 Dist.] April 25, 2012) Chilei sued Harris County – Houston Sports Authority (“HSA”) for negligence under the Texas Tort Claims Act for injuries sustained while performing electrical work
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Litigation, Sovereign Immunity, TTCA

Notice of injury alone is not “actual notice” of claim under TTCA

April 20, 2013rhenry12598Leave a comment

Texas Department of Transportation, v Cash, NO. 09-12-00463-CV (Tex. App. – Eastland, April 18, 2013). This is a slip and fall case where the Court of Appeals reversed the denial of TxDOT’s Plea to the Jurisdiction.  Cash fell allegedly due to a
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Constitutional Challenge, Declaratory Judgments, Sovereign Immunity

No golf carts permitted from the Park and Ride.

April 19, 2013rhenry12598Leave a comment

Odutayo d/b/a Samaritan Park and Ride v City of Houston NO. 01-12-00132-CV (Tex. App. – Houston [1st Dist] April 18, 2013). Odutayo leases parking spaces and golf carts to customers attending Reliant Stadium.   In 2011 a golf cart driver was ticketed citing
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Litigation, Sovereign Immunity

Deputies not liable for knocking out suspect’s teeth

April 18, 2013rhenry12598Leave a comment

Franks v Zwicke, No. 04-12-00529-CV (Tex. App. – San Antonio, April 17, 2013) Franks is a pro se inmate who alleges deputies intentionally knocked out four of his teeth during his arrest for breaking into a county facility. The deputies filed a
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Contracts, Public Works, Sovereign Immunity

City liable for contract damages for property it could not legally purchase

April 5, 2013rhenry12598Leave a comment

Wight Realty Interests v City of Friendswood, NO. 01-11-01075-CV (Tex. Civ. App. – Houston [1st Dist], April 4, 2013) This is a breach of contract claim where the court of appeals determined the City waived its immunity.  The City and Wight entered
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Declaratory Judgments, Sovereign Immunity

City retains immunity in declaratory judgment suit even though party only sought a declaration of rights

April 3, 2013rhenry12598Leave a comment

City of Dallas v EZ Pawn, No. 05-12-01269-CV, (Tex. Civ. App. – Dallas April 2, 2013). The Fifth District Court of Appeals held the City of Dallas retains sovereign immunity under the Texas Uniform Declaratory Judgment Act when a plaintiff is merely
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Sovereign Immunity

Dismissal of governmental entity not allowed for Texas Tort Claims Act claims even if employee is sued.

March 22, 2013rhenry12598Leave a comment

Texas Parks and Wildlife Department v Ruiz, No. 13-11-00789-CV, (Tex. Civ. App. – Corpus Christi, March 21, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of an automobile accident.  This case is applying
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Sovereign Immunity

Tree roots are special defects and City responsible for real property it does not own says 1st Court of Appeals.

March 20, 2013rhenry12598Leave a comment

City of Houston v Cogburn, NO. 01-11-00318-CV, (Tex. Civ. App. – Houston [1st dist.] March 19, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of a premise/special defect case.  The Plaintiff, Cogburn, parked
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Sovereign Immunity

1st Court of Appeals holds “actual knowledge” of a dangerous condition is required for beach deaths.

March 7, 2013rhenry12598Leave a comment

City of Texas City v Suarez, NO. 01-12-00848-CV, (Tex. Civ. App. – Galveston, March 7, 2013). This is a Texas Tort Claims Act (“TTCA”)/ Recreational Use Statute (“RUS”) interlocutory appeal case where the Court of Appeals determined the City retained immunity for
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Nuisance, Sovereign Immunity

13th COA Holds City and Employees Can be Sued for Trespass

February 28, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, February 28, 2013). Redburn purchased two tracts of property in 2004, one of which had a pre-existing concrete culvert which has been part of the City’s Storm Sewer System.  After
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Recent Posts

  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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