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Category: TTCA

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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Litigation, Sovereign Immunity, TTCA

EDC held to be a governmental entity again. . . well sort of.

January 2, 2014rhenry12598Leave a comment

City of Leon Valley Economic Development Corporation v. Larry Little, 04-12-00142-CV (Tex. App. – San Antonio, December 30, 2013). This opinion withdrew a prior opinion of June 19, 2013 (summary found here) and substituted this opinion. In the original opinion, the Fourth
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings, TTCA

Property owner can replead to fix flooding case petition defects

December 19, 2013rhenry12598Leave a comment

THE CITY OF CORPUS CHRISTI v. AGUIRRE PROPERTIES, INC., 13-13-00314-CV (Tex. App. – Corpus Christy, December 19, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a negligence, takings, and nuisance case involving three instances
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Sovereign Immunity, TTCA

Plaintiffs get second chance to replead case for injury at City pool says El Paso Court of Appeals

December 19, 2013rhenry12598Leave a comment

City of El Paso, Texas v. Harold Collins, et al, 08-12-00243-CV (Tex. App. – El Paso, December 18, 2013) This is an interlocutory appeal arising from the denial of a plea to the jurisdiction in a premise liability/negligence case involving injuries to
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Litigation, TTCA

City not liable for accident caused by tire blowout even though it maintained the vehicle.

December 13, 2013rhenry12598Leave a comment

  City of Smithville v. Thomas Watts, 03-13-00173-CV (Tex. App. – Austin, December 13, 2013). This is an appeal arising from the denial of a plea to the jurisdiction in a car accident case under the Texas Tort Claims Act (“TTCA”). The
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Sovereign Immunity, TTCA

Passenger injured in police chase could not establish recklessness says 9th Court of Appeals

November 21, 2013rhenry12598Leave a comment

  Amanda Lafferty v. Jasper County Sheriff’s Department, 09-13-00039-CV (Tex. App. – Beaumont, November 21, 2013). This is a police chase/motor vehicle accident case where Lafferty, a passenger, alleges she was injured when ejected after the four-wheeler she was riding on was
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Litigation, TTCA

Treating Physician’s listing on disclosures sufficient to allow testimony of causation says 4th Court of Appeals.

November 8, 2013rhenry12598Leave a comment

  City of Laredo v Limon, No. 04-12-00616-CV (Tex. App. – San Antonio, November 6, 2013). This is a TTCA automobile accident case where the City of Laredo appeals a trial verdict where a treating physician was permitted to testify as to
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Public Works, Sovereign Immunity, TTCA

Township not liable for property damage due to fallen tree limb.

October 17, 2013rhenry12598Leave a comment

Jason Creel v. The Woodlands Township, 09-12-00525-CV (Tex. App. – Beaumont, October 17, 2013). This is a short summary of a Texas Tort Claims Act case where the trial court granted the Township’s plea to the jurisdiction and the Plaintiff appealed. Plaintiff
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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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