Inmate failed to show the County had actual notice of his claim within statutory time period

Christopher Branch v. Fort Bend County, 14-19-00477-CV, 2021 WL 2978639 (Tex. App.—Houston [14th Dist.] July 15, 2021, no pet. h.) (mem. op.)

This is Texas Tort Claims Act (TTCA) case where the Fourteenth Court of Appeals affirmed the trial court’s granting of a dispositive motion and holding there was no evidence the County was subjectively aware of any fault in causing or contributing to Branch’s injuries.

Branch alleged that he was injured on August 1, 2016, when he slipped and fell outside of his jail cell at the Fort Bend County Jail.  Branch further alleged that his fall was caused by a puddle of water that was a result of a burst pipe in the facility that jail personnel failed to diagnose and fix.  Prior to filing suit, Branch sent the County a letter on April 21, 2017, providing notice pursuant to the Texas Tort Claims Act regarding his injuries sustained on August 1, 2016.  Branch then sued the County on July 13, 2018.  The County filed a plea to the jurisdiction which the trial court granted.  Branch appealed.

Although formal written notice of a claim is not required when a governmental entity has actual notice of a claimant’s injury, mere knowledge that an incident has occurred is not sufficient.  Actual notice means that the governmental entity is subjectively aware that it may be responsible causing or contributing to a claimant’s death, injury, or property damage in the manner alleged by the claimant. Here, the County provided undisputed evidence establishing that Branch failed to give formal written notice within six months after the day of the incident giving rise to his claim.  Although Branch alleged for the first time on appeal that the County had actual notice of his claim, the appellate court also rejected that argument.  Instead, the court determined that there was no evidence in the record, which included the incident report or Branch’s inmate medical records, that showed the County was subjectively aware it might be responsible for Branch’s injury.  Finally, there was no evidence any investigation conducted with regard to Branch’s fall was conducted much less that it showed any subjective awareness on the part of the County.

If you would like to read this opinion click here. Panel consists of Justices Spain, Hassan, and Poissant.  Memorandum Opinion by Justice Hassan.