Skip to content
The Law Offices of Ryan Henry
  • Home
  • Practice Areas
  • Our Team
    • Ryan Scott Henry
    • Jason Rammel
    • Sidney Reed
    • Justin Plescha
    • Nick Coker
    • Brenna Green
    • Ashley S. Tello
    • Sharon Garces-Trejo
    • Murray Lind
    • Lexi Halfen
    • Brooke Compian
    • April Graves
    • Elizabeth Parra-Cox
    • Chandler Grace
    • Jennifer Compean
    • Matthew Reed
  • Blog
  • Contact Us

Category: TTCA

Nuisance, Sovereign Immunity, TTCA

Sewer line suit dismissed for lack of jurisdiction

April 24, 2014rhenry12598Leave a comment

The City of Madisonville v. Theresa Murders and Martina Maldonado, 10-13-00234-CV (Tex. App. – Waco, April 17, 2014) This is a Texas Tort Claims Act case where the Plaintiffs brought suit against the City and contractor alleging damages after the City replaced
Read More

Contracts, Litigation, Sovereign Immunity, TTCA

No waiver of immunity under Prompt Pay Act, even for contracts for goods or services under Chapter 271

April 17, 2014rhenry12598Leave a comment

City of Midland v. M.T.D. Environmental, L.L.P., 11-13-00117-CV (Tex. App. – Eastland, April 17, 2014). This is a governmental immunity in a breach of contract case where the Eastland Court of Appeals held that simply because immunity from suit is waived under
Read More

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
Read More

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
Read More

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
Read More

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
Read More

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
Read More

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
Read More

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.
Read More

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
Read More

Posts navigation

Older posts
Newer posts

Sign up to receive Case Summaries!

Just leave your email address

We will not distribute your email address to 3rd parties

Check your inbox or spam folder to confirm your subscription.

Recent Posts

  • 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
  • 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

Archives

Categories

Subscribe to Case Summaries

Subscribe to our Blog

Check your inbox or spam folder to confirm your subscription.

  • 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

© All right reserved

Law Offices of Ryan Henry. Header Photo by Brandon Watts

Request a Quote