December 2018 Condensed Summaries

The problem with December is courts try to get cases off their desk prior to the holiday break. Clients like to get stuff resolved before the holiday break. Which means a lot of stuff happens in December preventing me from keeping up
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14th Court of Appeals held Authority was not immune from claim of accidental shooting simply because it asserted the officer did not possess the the discharging weapon

Metropolitan Transit Authority of Harris County, Texas v. Terry Smith 14-17-00807-CV (Tex, App. – Houston, [14th Dist.] Dec. 11, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act/negligent use of
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Officer entitled to official immunity after court examined needs/risk analysis performed by officer as he entered intersection

City of Dallas v. Blanca K. Hernandez-Guerrero, et al., 05-18-00033-CV (Tex. App. – Dallas, December 7, 2018) This is a Texas Tort Claims Act/emergency responder/motor vehicle accident case where the Dallas Court of Appeals reversed the denial of the City’s plea to
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Car accident plaintiff failed to meet notice requirements of Tort Claims Act since County investigation of claim failed to reveal subjective awareness of fault

Jefferson County, Texas v. Luis Fernando Martinez Reyes, 09-18-00236-CV (Tex. App. – Beaumont, November 15, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the Beaumont Court of Appeals reversed the denial of the County’s plea to the jurisdiction
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Fort Worth Court of Appeals holds trial court lacked jurisdiction to hear civil lawsuit for wrongful arrest/malicious prosecution since Plaintiff was convicted of 1 of 3 indictments

Nathaniel Washington v. City of Arlington Police Department, R. Walsh, Taylor Ferguson, Brian Salvant, and George Mackey 02-17-00337-CV (Tex. App — Fort Worth, Oct. 4, 2018) This is a civil rights and tort case where the Fort Worth Court of Appeals affirmed
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