Public Works, Sovereign Immunity, TTCA

Developer’s asserted causal link between use of bulldozers and inability to timely sell lots is insufficient to establish waiver of immunity says 13th Court of Appeals

City of Weslaco v. Raquel Trejo and Roberto Trejo, 13-18-00024-CV (Tex. App. – Corpus Christi, June 21, 2018) This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a Texas Tort Claims Act case where the
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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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Litigation, Official/Qualified Immunity, Procedure, TTCA

San Antonio Court of Appeals holds City made a judicial admission employee was acting within course and scope of employment at time of accident by filing §101.106(e) motion to dismiss. Therefore, not entitled to jury question on course and scope

Victor Ramos v. City of Laredo, 04-17-00099-CV (Tex. App. – San Antonio, March 28, 2018). This is a Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals reversed a jury verdict and rendered judgment against the City. While
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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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