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Category: TTCA

Sovereign Immunity, TTCA

Evidence insufficient to support nexus between officer’s patrol vehicle operation and accident says Waco Court of Appeals

July 31, 2015rhenry12598Leave a comment

Carolyn Northcutt, as Personal Representative of the Estate of James H. Bell v. City of Hearne, 10-14-00012-CV (Tex. App. Waco – July 30, 2015). This is an appeal from the granting of a plea to the jurisdiction in a vehicle accident case.
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Sovereign Immunity, TTCA

The use of baton and jail facility to arrest defendant were intentional acts not negligent acts under the Texas Tort Claims Act says 4th Court of Appeals

July 24, 2015rhenry12598Leave a comment

City of Laredo, Texas v. Julian Jacobo Reyna, 04-15-00147-CV (Tex. App. – San Antonio, July 22, 2015) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act (“TTCA”) case where the San
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Litigation, Procedure, Sovereign Immunity, TTCA

Plaintiff given opportunity to replead to allege tangible personal property lacked proper safety component under TTCA

July 21, 2015rhenry12598Leave a comment

City of Austin, Texas v. Jamil Cherry 03-14-00212-CV (Tex. App. – Austin, July 21, 2015) This is an interlocutory appeal in a Texas Tort Claims Act case in which the Austin Court of Appeals reversed the denial of a plea to the
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Sovereign Immunity, TTCA

City entitled to granting of plea to the jurisdiction in drowning deaths at man-made beach

June 19, 2015rhenry12598Leave a comment

EDITH SUAREZ, INDIVIDUALLY AND AS SURVIVING PARENT OF A.S. AND S.S., DECEASED, AND AS SURVIVING SPOUSE OF HECTOR SUAREZ, DECEASED v. THE CITY OF TEXAS CITY, 13-0947 (Tex. June 19, 2015) This interlocutory appeal granting a municipality’s plea to the jurisdiction in
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Litigation, Sovereign Immunity, TTCA

“Emergency Call” TTCA case remanded for trial after Fourth Court generates three separate opinions

June 3, 2015rhenry12598Leave a comment

Adriana P. Perez v Webb County, 04-14-00275-CV, (Tex. App. — San Antonio, June 3, 2015) This is an automobile accident case under the Texas Tort Claims Act which resulted in a lead opinion, a concurring opinion for very different reasons and a
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Sovereign Immunity, TTCA

Fact question exists on County’s subjective awareness of fault in slip-and-fall case

May 20, 2015rhenry12598Leave a comment

Bexar County v. Leticia Votion 04-14-00629-CV (Tex. App. – San Antonio, May 20, 2015). This is a slip-and-fall/actual notice case in which the 4th Court of Appeals affirmed the denial of a plea to the jurisdiction. Votion was working for a third-party
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Sovereign Immunity, TTCA

Duty to maintain premises is a duty to maintain the original design; no waiver of immunity for negligent design issues says Houston Court of Appeals

May 7, 2015rhenry12598Leave a comment

City of League City v. Christobelle LeBlanc et al, 01-14-00720-CV (Tex. App. – Houston [1st Dist.], May 7, 2015). This is a Texas Tort Claims Act (“TTCA”) premise defect case in which the First District Court of Appeals reversed the denial of
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Official/Qualified Immunity, Sovereign Immunity, TTCA

No waiver of immunity after police chase ends it death of third-party

May 5, 2015rhenry12598Leave a comment

Williams, et al  v. The City of Baytown, 01-14-00569-CV (Tex. App. – Houston [1st Dist.], May 5, 2015) This is a police chase case where a shoplifter fleeing from police collided with a stopped car, killing one occupant and injuring another. Two
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Litigation, Procedure, Sovereign Immunity, TTCA

Absent evidence of an affiliation, notice to one governmental unit does not impute notice to another under the TTCA.

May 1, 2015rhenry12598Leave a comment

Arlean Green v. City of Houston, 01-14-00808-CV (Tex. App. – Houston [1st Dist.] April 30, 2015) This is a Texas Tort Claims Act (“TTCA”) slip and fall case where the First District Court of Appeals affirmed the granting of a plea to
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Sovereign Immunity, TTCA

Since bus was sole cause of accident with pedestrian, DART had actual notice of claim under TTCA holds Dallas Court of Appeals

April 16, 2015rhenry12598Leave a comment

Dallas Area Rapid Transit v. Donald Armstrong, 05-14-00779-CV (Tex. App. – Dallas, April 15, 2015). This is a Texas Tort Claims Act (“TTCA”) notice case where the Dallas Court of Appeals affirmed the denial of a plea to the jurisdiction in this
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Recent Posts

  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call
  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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