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Category: TTCA

Litigation, Public Works, Sovereign Immunity, TTCA

Police and maintenance reports insufficient to establish actual awareness by City of its alleged fault under TTCA

October 16, 2013rhenry12598Leave a comment

City of San Antonio and City Public Service n/k/a CPS Energy v. Joel Herrera, 04-13-00304-CV (Tex. App. – October 16, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a car accident in which Plaintiff
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Sovereign Immunity, TTCA

TxDOT had no actual knowledge of dangerous condition so entitled to dismissal says Sixth Circuit

October 4, 2013rhenry12598Leave a comment

Texas Department of Transportation v. Jacqueline Ingram, No. 06-13-00047-CV (Tex. App. – Texarkana, October 4, 2013). This is a Texas Tort Claims Act case where the plaintiff lost control over her vehicle and struck a ditch twelve hours after The Texas Department
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Litigation, Sovereign Immunity, TTCA

Employee entitled to dismissal in auto accident case, but City must remain says 14th Court of Appeals.

September 24, 2013rhenry12598Leave a comment

City of Houston v. Ester Medina Owens, 14-12-00930-CV (Tex. App. – Houston [14th Dist.] September 24, 2013), This is an interlocutory appeal from the denial of a plea to the jurisdiction in a case where a city police officer had a car
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court rules entity must remain in suit after employee dismissed under TTCA.

September 24, 2013rhenry12598Leave a comment

Tex. Adjutant General’s Office v. Ngakoue, No. 11-0686, 2013 WL 4608867,  2013 Tex. LEXIS 681 (Tex. August 30, 2013), Even though this is a Texas Supreme Court case (and is important), it is primarily of interest to litigators.  In this case the
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings, TTCA

Tort Claims Act does not permit partial community damage even if tangible personal property is used

September 5, 2013rhenry12598Leave a comment

   Port of Houston Authority v. Aaron, et al. No. 01-12-00373-CV (Tex. App. – Houston [1st Dist.] September 5, 2013). This is one of two cases decided at the same time involving the same parties. This case is an interlocutory appeal from
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Litigation, Sovereign Immunity, TTCA

Patrol lights distracting motorist not a waiver of immunity says 4th Court of Appeals

September 3, 2013rhenry12598Leave a comment

Ryder Integrated Logistics, Inc. et al v. Fayette County, 04-13-00082-CV (Tex. App. – San Antonio, August 30, 2013). This is a Texas Tort Claims Act case involving a patrol vehicle in which the trial court granted the County’s plea to the jurisdiction
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Litigation, Sovereign Immunity, TTCA

Fourth Court says TTCA suit against San Antonio can go forward

August 30, 2013rhenry12598Leave a comment

City of San Antonio v Rodriguez, No. 04-13-00116-CV (Tex. App. – San Antonio, August 30, 2013). This is a Texas Tort Claims Act case arising from an automobile accident with a police vehicle. The trial court denied the City’s plea to the
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Litigation, PIA, Sovereign Immunity, TTCA

Sovereign Immunity can prevent Rule 202 pre-suit discovery. .. maybe

August 29, 2013rhenry12598Leave a comment

Sovereign Immunity can prevent Rule 202 pre-suit discovery. .. maybe Susan Combs, Texas Comptroller of Public Accounts v. The Texas Civil Rights Project et al, No. 03-11-00538-CV (Tex. App. Austin, August 29, 2013). OK, this one has some interesting holdings which can
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Sovereign Immunity, TTCA

Tangible property is not “used” under TTCA unless it causes the injury says Houston Court of Appeals

August 29, 2013rhenry12598Leave a comment

Tangible property is not “used” under TTCA unless it causes the injury says Houston Court of Appeals John Harrison v. The University of Texas Health Science Center at Houston, No. 01-12-00980-CV (Tex. App. – Houston [1st Dist.], August 29, 2013) This is
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Litigation, Sovereign Immunity, TTCA

Police car did not cause the accident so no waiver of immunity says 4th Court of Appeals

August 29, 2013rhenry12598Leave a comment

Police car did not cause the accident so no waiver of immunity says 4th Court of Appeals Lopez, et al v. Escobar, 04-13-00151-CV (Tex. App. – San Antonio, August 28, 2013). This is an interlocutory appeal from the denial of a plea
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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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