Since pedestrian plaintiff admitted he caused the accident to officers at the scene, City did not have actual notice of claim within required time period

 

The City of Houston v. Michael Gantt, 14-20-00229-CV, (Tex. App – Houston, August 5, 2021)

This is a Texas Tort Claims Act (TTCA) case where the Fourteenth Court of Appeals reversed the trial court’s denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s claims.

Gantt was a pedestrian who was struck by a patrol car driven by Houston police officer Young. Gantt filed suit. The City filed a plea to the jurisdiction asserting Gantt did not meet the notice of claim requirements under the TTCA and the City did not have actual notice of the claim. The plea was denied and the City appealed.

Gantt admitted he did not provide written notice of claim timely under the TTCA, but asserted the City had actual knowledge of the claim. The City must have “subjective awareness” of its fault in the situation, else actual notice does not exist. The City’s crash report indicates Gantt ran in front of the vehicle and failed to yield the right of way to the vehicle. Gantt’s statement given to police states he ran in front of the vehicle and it was his fault he was hit. The court noted that while Gantt’s statement, alone, is not dispositive, Gantt did not claim it was Young’s fault. As a result, the City did not have actual notice and subjective awareness of its fault in the accident.

Panel consists of Chief Justice Christopher, and Justices Jewell and Poissant. Reversed and rendered. Memorandum Opinion by Justice Poissant can be read here. Docket page with attorney information found here.