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Category: TTCA

Litigation, Sovereign Immunity, TTCA

Operation or use of motor driven equipment does not include maintenance and employee control must be direct says 6th Court of Appeals

April 17, 2014rhenry12598Leave a comment

Mt. Pleasant Independent School District v. Dona K. Elliott, 06-13-00115-CV (Tex. App. – Texarkana, April 17, 2014). This is a Texas Tort Claims Act case arising from a bus accident allegedly due to malfunctioning brakes. In this interlocutory appeal the Texarkana Court
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Litigation, Sovereign Immunity, TTCA

County employee negligence not necessary for liability under premise defect case

March 27, 2014rhenry12598Leave a comment

  Eugene Eldridge and Raymond Perry v. Brazoria County, 01-13-00314-CV (Tex. Ap. – Houston [1st Dist.], March 27, 2014). This is a premise liability case where Eldridge and Perry were involved in an automobile accident on a county-owned road. The trial court
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Litigation, TTCA

Inmate slip-and-fall dismissed for failing to follow Chapter 14 at appellate level

March 14, 2014rhenry12598Leave a comment

Frey v. Donnie Foster, Sheriff of Fannin County, et al., 06-13-00086-CV (Tex. App. – Texarkana, March 14, 2014). This is a slip-and-fall premise defect case brought by an inmate and is governed by Chapter 14 of the Texas Civil Practices and Remedies
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Sovereign Immunity, TTCA

Plaintiff’s knowledge that falling in a hole would cause injury equates to knowledge of open and obvious dangerous condition says Houston Court of Appeals.

March 11, 2014rhenry12598Leave a comment

  City of Deer Park v. Leonard James Hawkins, 14-13-00695-CV (Tex. App. – Houston [14th Dist.], March 11, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a premise defect case, which the 14th Court
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Sovereign Immunity, TTCA

Pro Se Plaintiff’s claims for demolition of his mobile home dismissed by Austin Court of Appeals.

February 25, 2014rhenry12598Leave a comment

  Bobby Oxford v. City of Ballinger, et al., 03-13-00108-CV (Tex. App. – Austin, February 25, 2014). This is an appeal from the granting of a plea to the jurisdiction where the Plaintiff alleges the City destroyed his mobile home and stole
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Sovereign Immunity, TTCA

Court distinguishes between the actionable claim of misuse of equipment vs non-actionable claim of misuse of information under Texas Tort Claims Act

February 20, 2014rhenry12598Leave a comment

The University of Texas Health Science Center at Houston v. Rakisha Dickerson, 14-13-00232-CV (Tex. App. – Houston [14th Dist.], February 20, 2014) This is an interlocutory appeal from the denial of a plea to the jurisdiction arising under the Texas Tort Claims
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Contracts, Declaratory Judgments, Sovereign Immunity, TTCA

3rd Court continues split in circuits regarding proprietary/governmental distinction in contract holdings

February 6, 2014rhenry12598Leave a comment

The City of Austin d/b/a Austin Energy v. MET Center, 03-11-00662-CV (Tex. App. – Austin, February 6, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a breach of contract dispute involving an electric utility.
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Contracts, Declaratory Judgments, Sovereign Immunity, TTCA

7th Court joins 4th Court in holding no proprietary/governmental distinction in contracts

February 6, 2014rhenry12598Leave a comment

  Republic Power Partners, L.P. v. City of Lubbock, 07-12-00438-CV (Tex. App. – Amarillo, February 5, 2014) This is an accelerated appeal where Republic Power Partners (“RPP”) appeals the granting of the City’s plea to the jurisdiction.  The Amarillo circuit joins on
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Sovereign Immunity, TTCA

Slipping on ice on way to marina shower is part of recreational use says 13th Court of Appeals

February 6, 2014rhenry12598Leave a comment

City of Corpus Christy v Ferguson, 13-12-00679-CV (Tex. App. – Corpus Christy, February 6, 2014) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a premise liability case under the Texas Recreational Use statute. Ferguson traveled
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Litigation, Official/Qualified Immunity, TTCA

Fire truck driver entitled of official immunity says 5th Court of Appeals

January 20, 2014rhenry12598Leave a comment

City of Dallas v. Brian Loncar, Sue Loncar, et al, 05-12-00705-CV, (Tex. App – Dallas, January 16, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a vehicle collision at an intersection between Loncar and
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Recent Posts

  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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