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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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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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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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

In defamation suit 1st District Court of Appeals holds employees responding to city council questions in open meeting were acting within course and scope of employment for § 101.106(f) purposes

Elias v Griffith, et al, 01-17-00333-CV, 2018 WL 3233587 (Tex. App. – Houston [1st  Dist.], July 3, 2018.) This is a defamation case brought against individual city officials for acts performed within their course and scope of employment.  The First District Court
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