Brown v City of Houston, et al., 22-0256 (Tex, February 3, 2023) In response to a U.S. 5th Circuit certified question, the Texas Supreme Court held that under Texas law, a person wrongfully imprisoned cannot maintain a claim if the person receives administrative compensation for the imprisonment under the Tim Cole Act. Brown was charged […]
Leonarda Leach v City of Tyler, 21-0606 (Tex. September 16, 2022), per curiam. This is a Texas Tort Claims Act (“TTCA”) case where the Texas Supreme Court held the Plaintiff provided proper notice of claim to the City in order to waive immunity. Leondra Leach, while working for his employer Ameri-Tex, alleged that […]
City of Laredo and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. 24, 2022) This is a civil service appeal where the Fourth Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Moreno was the City of Laredo’s Water Treatment […]
Lakshmana Viswanath v. The City of Laredo, 04-21-00413-CV (Tex. App. – San Antonio, Aug. 24, 2022). This is the second appeal arising from the City of Laredo’s ethics commission decision. In this case, the San Antonio Court of Appeals reformed an award of attorney’s fees in favor of the City. Viswanath is the founder of […]
VIA Metropolitan Transit Authority v. Manuel Flores, No. 04-21-00233-CV (Tex.App.—San Antonio, August 3, 2022) This case stems from a trial court’s denial of VIA Metropolitan Transit Authority’s (“VIA”) plea to the jurisdiction, alleging no waiver of immunity exists for the claims. The Fourth Court of Appeals reversed the trial court’s ruling and dismisses all […]
Texas Department of Transportation v Singh, 14-20-00694-CV (Tex. App. — Houston [14th Dist.], August 11, 2022). Singh sued the Texas Department of Transportation for negligence after his vehicle crashed on a roadway TxDOT had recently rebuilt. The new highway surface was very slick when wet, and it had been raining the day of the accident. […]
City of Houston v Arellano, 14-21-00117-CV (Tex. App. — Houston [14th Dist], August 11, 2022). This is a vehicle accident/emergency responder case where the 14th Court of Appeals held fact questions exist as to whether the driver was responding to an actual emergency. Dang was a maintenance mechanic for the City. As part of his […]
City of El Paso v. Maria Pina, No. 08-20-00159-CV (Tex. App. — El Paso, Aug. 8, 2022) This is a premise defect case under the Texas Tort Claims Act where the El Paso Court of Appeals held an automatic gate is not unreasonably dangerous simply because it can close automatically. Pina was involved in a […]
Waller County, Texas, et al. v. Ken Paxton, Texas Attorney General (Tex. App. — Amarillo, August 17, 2022) Ken Paxton, Attorney General of Texas, sued Waller County in 2016 asserting that the County was unlawfully attempting to prohibit licensed handgun owners carrying handguns from accessing portions of the county courthouse building in violation of section […]
Fanny Bellorin, Individually and on Behalf of and as Next of Friend of Derlin Hernandez v. City of San Antonio, No. 04-22-00003-CV, (Tex.App.—San Antonio July 13, 2022) (mem. op.) This case stems from an appeal of the City of San Antonio’s (“COSA”) denied plea to the jurisdiction based upon lack of written or actual notice […]