Special contributing author Laura Mueller, City Attorney for Dripping Springs
James Garms v. Comanche County, No. 11-19-00015-CV (Tex. App.—Eastland December 18, 2020) (mem. op.).
In this appeal from a trial court’s judgment granting the city’s plea to the jurisdiction on a tort claims case, the Eastland Court of Appeals affirmed the trial court’s grant of the plea because injuries allegedly caused by failure to monitor or provide medical care is a nonuse of tangible personal property which does not waive immunity under the Tort Claims Act.
The plaintiff sued the county after he was injured in the county jail. The plaintiff was an inmate in the county jail when he was injured. He had informed the jail staff that he felt unwell and his blood pressure was checked. Despite a high blood pressure reading, the duty nurse was not notified and the plaintiff was not monitored. The plaintiff lost consciousness and sustained a serious head injury. The plaintiff was left unattended with a serious head injury which caused further issues. The plaintiff sued the county for negligence caused by a faulty motorized camera and failure to monitor and provide medical care to the plaintiff. The trial court granted the county’s plea to the jurisdiction.
Immunity from a governmental function can be waived under the Tort Claims Act if the injury is caused by: (1) the operation or use of motor-driven equipment; or (2) use of tangible of personal property. Tex. Civ. Prac. & Rem. Code § 101.021. The plaintiff must also show a nexus between the injury and the uses listed in the Tort Claims Act. LeLeaux v. Hampshire-Fannett Indep. Sch. Dist., 835 S.W.2d 49, 51 (Tex. 1992). Claims based on inaction of government employees or nonuse of tangible property are insufficient to waive immunity under the Tort Claims Act. Harris Cty. v. Annab, 547 S.W.3d 609, 614 (Tex. 2018). The court of appeals held that the claims for failure to monitor or provide medical care did not waive the county’s immunity. The court of appeals upheld the trial court’s grant of the city’s plea to the jurisdiction.
If you would like to read this opinion click here. Panel consists of Chief Justice Bailey and Justices Trotter and Wright. Opinion by Justice W. Stacy Trotter.