Litigation, Procedure, Sovereign Immunity, TTCA

Court considered statements made by bus driver within onboard system as creating a fact issue on “actual notice” of fault in death of student

La Joya Independent School District v. Tanya Gonzalez, Individually and A/N/F of Josue Rogelio Uranga, Deceased Minor 13-16-00426-CV (Tex.App—- Corpus Christi & Edinburg, Texas November 2, 2017) This is an appeal in a Texas Tort Claims Act student/bus case where the 13th Court
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Contracts, Sovereign Immunity, TTCA

Amarillo Court of Appeals holds private company contracted to run city buses did not establish it was entitled to derivative immunity

Charles Brown v. Waco Transit System 07-16-00258-CV (Tex.App—- Amarillo, October 27, 2017)  The Amarillo Court of Appeals reversed an order granting a plea to the jurisdiction by the Waco Transit System, Inc. (“WTSI”). Brown alleges he suffered personal injuries while riding a
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Litigation, Sovereign Immunity, TTCA

Under TTCA, the integral safety component doctrine turns on entity negligently providing personal property missing an integral safety component, not the non-use of property.

City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski  14-17-00234-CV  (Tex. App—— Houston [14th Dist.], October 17, 2017) This is an interlocutory appeal from the denial of a
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Litigation, Procedure, Sovereign Immunity, TTCA

Fort Worth Court of Appeals held trial court was within its discretion to allow Plaintiff time to replead and produce evidence in response to jurisdictional plea

City of Bedford v. Leah Smith 02-16-00436-CV (Tex. App—– Fort Worth, October 12, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a pedestrian falling into a manhole where the Fort Worth Court of Appeals affirmed in part and reversed
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Sovereign Immunity, TTCA

Dallas Court of Appeals holds simply because building was having roof repairs does not equate to actual knowledge of dangerous condition due to water at specific location of convention center

City of Dallas v. Leslie Papierski 05-17-00157-CV (Tex. App— Dallas, October 2,2017) This is a Texas Tort Claims Act (“TTCA”) case and interlocutory appeal from the denial of the City’s plea to the jurisdiction. The Dallas Court of Appeals reversed and rendered
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