TTCA – Page 7 – The Law Offices of Ryan Henry

Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

San Antonio Court of Appeals holds a fact question exists as to whether a deputy’s U-turn caused following traffic to skid into oncoming traffic

Webb County v. Juan C. Garcia, 04-19-00891-CV (Tex. App. – San Antonio, July 22, 2020) This is a motor vehicle accident case under the Texas Tort Claims Act (“TTCA”) where the San Antonio Court of Appeals affirmed the denial of the County’s
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Litigation, TTCA

Failure to use an x-ray machine in the right body area to locate a missing sponge constitutes the misuse of tangible personal property under TTCA

Special contributing author Laura Mueller, City Attorney for Dripping Springs Univ. of Tex. Sw. Med. Ctr. V. Rhoades, No. 05-19-00445-CV (Tex. App.—Dallas June 30, 2020). This is a medical negligence case brought under the Texas Tort Claims Act (TTCA) filed after a
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

VIA Metropolitan Transit v Curtis Meck, 18-0458 (Tex. June 26, 2020) This is a Texas Tort Claims Act (TTCA) case involving a VIA bus accident where the Texas Supreme Court affirmed a jury award against VIA. VIA Metropolitan Transit is a governmental
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Sovereign Immunity, TTCA

Paying for train ticket is not the same as paying for use of train station under TTCA premise defect claim says 5th Court of Appeals

Special guest author Laura Mueller, City Attorney for Dripping Springs City of Dallas v. Kennedy, No. 05-19-01299-CV (Tex. App.—Dallas June 13, 2020) (mem. op.) This is a slip and fall/Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals reversed
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Litigation, TTCA

San Antonio Court of Appeals holds because officer’s affidavit was too sparse to establish a proper lookout trial court properly denied the plea to the jurisdiction

City of San Antonio v Huron, 04-19-00570-CV (Tex. App. – San Antonio, June 11, 2020) This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
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Litigation, Sovereign Immunity, TTCA

Slowing and visually observing stopped traffic was not reckless action for purposes of emergency responder doctrine of TTCA

City of Kingsville v Dominguez, 13-19-00236-CV (May 28, 2020) This is a motor vehicle accident case under the Texas Tort Claims Act (TTCA) where the Corpus Christi Court of Appeals reversed the denial of a plea to the jurisdiction and dismissed the
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Contracts, TTCA

Texas Supreme Court holds plaintiff lacked standing to challenge PIP payments since he suffered no out-of-pocket expenses

Farmers Texas County Mutual Insurance Co. v Beasley, 18-0469 (Tex. March 27, 2020) While not a governmental entity case, this case involves standing to sue under a personal injury protection policy (PIP) and the distinction made with incurred rates vs. list
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Health and Safety, Litigation, TTCA

Property owner negated premise duty as a matter of law involving brown-recluse spider attack on invitee

Homer Hillis v Henry McCall, 18-1065 (Tex. March 13, 2020) This is a premises-liability case where the Texas Supreme Court ruled the property owner negated as a matter of law the duty to warn of the brown-recluse spider danger. While not a
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Sovereign Immunity, TTCA

Texas Supreme Court holds supervisor’s order to use tear-gas gun was “use” under TTCA, but riot exception preserved immunity

Texas Dept. Crim. Justice v Cesar Rangel, 18-0721, (Tex. Feb. 7, 2020) This is a Texas Tort Claims Act (“TTCA”) case where the Texas Supreme Court held the Department of Criminal Justice (“Department”) retained immunity for hitting an inmate with a tear-gas
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Sovereign Immunity, TTCA

Knowledge of a hypothetical hazard is insufficient to waive immunity under the TTCA for premise defects says 1st Court of Appeals

The City of Houston v. Bobby Terry, 01-19-00197-CV (Tex. App. – Houston [1st Dist.], Jan. 23, 2020). This is a Texas Tort Claim Act (TTCA) case where the First District Court of Appeals reversed the denial of the City’s plea to the
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Category: TTCA

San Antonio Court of Appeals holds a fact question exists as to whether a deputy’s U-turn caused following traffic to skid into oncoming traffic

Failure to use an x-ray machine in the right body area to locate a missing sponge constitutes the misuse of tangible personal property under TTCA

Texas Supreme Court holds TTCA waives immunity for slight negligence claims, which applies to common carriers (buses) and imposes a higher degree of care for passengers

Paying for train ticket is not the same as paying for use of train station under TTCA premise defect claim says 5th Court of Appeals

San Antonio Court of Appeals holds because officer’s affidavit was too sparse to establish a proper lookout trial court properly denied the plea to the jurisdiction

Slowing and visually observing stopped traffic was not reckless action for purposes of emergency responder doctrine of TTCA

Texas Supreme Court holds plaintiff lacked standing to challenge PIP payments since he suffered no out-of-pocket expenses

Property owner negated premise duty as a matter of law involving brown-recluse spider attack on invitee

Texas Supreme Court holds supervisor’s order to use tear-gas gun was “use” under TTCA, but riot exception preserved immunity

Knowledge of a hypothetical hazard is insufficient to waive immunity under the TTCA for premise defects says 1st Court of Appeals

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