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Category: TTCA

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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Contracts, Declaratory Judgments, Sovereign Immunity, TTCA, Uncategorized

Proprietary function of providing electricity applies to contract for electrical purchases

August 23, 2013rhenry12598Leave a comment

City of Georgetown, Texas v. Lower Colorado River Authority, 03-12-00648-CV (Tex. App. – Austin, August 23, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a case arising out of the City’s long-term contract to
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Sovereign Immunity, TTCA

Injury by fellow student wrestler not a “premise defect” says 13th Court of Appeals.

August 15, 2013rhenry12598Leave a comment

University of Texas – Pan Am v Gonzalez, No. 13-13-00153-CV (Tex. App. – Corpus Christi, August 15, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction connected with a personal injury case. Gonzalez was enrolled in
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Litigation, Public Works, Sovereign Immunity, TTCA

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals

August 13, 2013rhenry12598Leave a comment

Error in County records held to be the negligent use of motor-driven equipment says 14th Court of Appeals. Kilburn v. Fort Bend County Drainage District, 14-13-00011-CV (Tex. App. – Houston [14th Dist.], August 13, 2013). This is a Texas Tort Claim Act
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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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