Official/Qualified Immunity, Sovereign Immunity, TTCA

Dallas Court of Appeals holdd officer did not establish official immunity because of fact question exists as to whether a reasonable officer would look both ways before entering an intersection

  City of Dallas v. Matthew A. Lamb, 05-16-01506-CV (Tex. App. – Dallas, December 4, 2017). This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a police auto-accident case. The Dallas Court of Appeals affirmed
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Litigation, Procedure, Sovereign Immunity, TTCA

Since officer’s affidavit did not detail his evaluation as he approached intersection, 4th Court of Appeals holds city did not establish emergency response application to tort suit

City of San Antonio v. Patrick Torres and Johnnie Dears 04-17-00309-CV (Tex.app —— San Antonio, Texas November 15, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a vehicle accident where the San Antonio Court of Appeals affirmed the denying
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Litigation, Public Works, Sovereign Immunity, TTCA

City immune from suit for traffic light displaying “walk” signal at same time as green “turn arrow” says 13th Court of Appeals

City of Edinburg v. Melinda Balli  13-17-00183-CV (Tex.App–, Corpus Christi, November 9, 2017) This is a Texas Tort Claims Act case where the Corpus Christi Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s
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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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