TTCA Cases from the First and Fourteenth Court of Appeals Discovery Rule not available to excuse failure to timely give notice of claim under TTCA Garrett v. Harris County Hospital District (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) (TTCA, HCLC, discovery rule does not appy to notice requirement under Texas Tort Claims Act) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00836-CV Autrey Garrett, Individually and as next Friend of Jasmine, Devin and Shanae Garrett, Minor Children v. Harris County Hospital District Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Dismissal of prisoner's malpractice suit against court-appointed counsel reversed Poledore v. Fraley (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack) (TTCA, prisoner suit against appointed attorney for legal malpractice, NE-SJ reversed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Hanks 01-07-00583-CV Dennis James Poledore, Jr. v. Frank J. Fraley Appeal from 268th District Court of Fort Bend County Trial Court Judge: Hon. Brady G. Elliott TDPS v. Little (Tex.App.- Houston [14th Dist.] May 29, 2008)(Guzman) (TTCA, collision with emergency vehicle, government immunity sustained, ILA) REVERSED AND RENDERED: Opinion by Justice Guzman Before Justices Fowler, Seymore and Guzman 14-07-00840-CV Texas Department of Public Safety v. Sheatri Little Appeal from 155th District Court of Waller County (judge's name not shown on docket sheet) Employees entitled to dismissal in TTCA defamation suit against entity Brown v. Xie (Tex.App.- Houston [1st Dist.] May 29, 2008 )(Alcala) (TTCA, defamation, dismissal of employee) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00137-CV Barbara Brown, Dan Fontaine, Dr. James Abbruzzese and U.T.M.D. Anderson Cancer Center v. Ke-Ping Xie, M.D., Ph.D. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Ostrich defense did not fly in this personal injury suit in light of previous complaints about dangerous condition in Old Civil Courthouse Rorie v. Harris County (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Boyce) (TTCA, knowledge of dangerous condition) REVERSED AND REMANDED: Opinion by Justice Boyce 14-06-01146-CV Mark Rorie v. Harris County Appeal from County Civil Ct at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block Poland v. Dr. James Willerson (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Taft) (HCLC, expert report, TTCA, election of defendant, government unit or government employee) AFFIRM TC JUDGMENT: Opinion by Justice Taft 01-07-00198-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. James Willerson Appeal from 152nd District Court of Harris County (Judge Ken Wise) Court says wrongful death claim based on accidental electrocution death of inmate barred by immunity Smith v. TDCJ (Tex.App.- Houston -14th Dist.] Nov. 6, 2007)(Hedges)(governmental entity law, wrongful death, electrocuted inmate, TTCA, sovereign immunity bars claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00064-CV Alice Smith, Individually and on behalf of Donald Ray Smith, Deceased v. Texas Department of Criminal Justice Appeal from 412th District Court of Brazoria County (Hon. W. Edwin Denman) TDCJ v. Raymond (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland) (TTCA, sovereign immunity, ILA) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00364-CV Texas Department of Criminal Justice v. Raymond Lockett Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) The Texas Department of Criminal Justice (“TDCJ”) brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction and motion to dismiss for lack of subject matter jurisdiction. On appeal, TDCJ contends that the court lacks subject matter jurisdiction over the suit because the plaintiff’s pleadings do not affirmatively allege facts that support a waiver of governmental immunity. We reverse. * * * After looking solely to the Estate’s allegations, taking them as true, and construing them in favor of the Estate, we conclude that its amended petition does not present a claim in which immunity from liability, and therefore immunity from suit, is waived by the Texas Tort Claims Act. Accordingly, we reverse the order denying the TDCJ’s plea to the jurisdiction and dismiss the Estate’s claims against TDCJ for want of jurisdiction. All pending motions are dismissed as moot. Tx Dep't of Public Safety v. Grisham (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Seymore) (TTCA, sovereign immunity, plea to the jurisdiction) REVERSED AND RENDERED: Opinion by Justice Seymore (Before Justices Frost, Seymore and Guzman) 14-06-01053-CV Texas Department of Public Safety v. Robert E. Grisham, Individually and as next of friend of Robert T. Grisham--Appeal from 25th District Court of Colorado County (Hon. Dwight E. Peschel) The Texas Department of Public Safety ("TDPS") appeals the trial court's denial of its plea to the jurisdiction. In one issue, TDPS contends the facts alleged by Robert E. Grisham, individually and as next of friend of Robert T. Grisham, appellee, did not demonstrate a waiver of sovereign immunity because there was no use of a motor vehicle or property and no nexus between the injury and operation or use of the vehicle. We reverse and render judgment dismissing appellee's claims against TDPS for want of jurisdiction. City of Houston v. Kennedy (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks) (wrongful death, immunity, TTCA, ILA, City of Houston cases) AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Bland) 01-07-00097-CV The City of Houston v. Mary M. Babin Kennedy Appeal from 215th District Court of Harris County (Hon. Levi J. Benton) Harris County v. Gerber (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(TTCA, premises defect) REVERSED AND DISMISSED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01096-CV Harris County v. Hollie Gerber Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Sheth v. Dearen (Tex.App.- Huston [14th Dist.] May 24, 2007)(Hedges)(TTCA, HCLC) {TTCA, immunity, motion to dismiss employee of governmental entity) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00004-CV Dhiren S. Sheth v. Donald C. Dearen Appeal from 334th District Court of Harris County (Judge Sharon McCally) TDCJ v. Thomas (Tex.App.- Houston [1st Dist.] Apr. 19, 2007, pet. filed, briefing requested)(Nuchia) (plea to the jurisdiction, suit against government entity) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Hanks 01-04-01084-CV Texas Department of Criminal Justice and Glenda Pierson v. Linda Thomas as Personal Representative for the Estate of Damon Hollimon, Deceased, and Ashley Dominique Hollimon Appeal from 278th District Court of Walker County Justice Keyes dissented in TDCJ v. Thomas Sheth v. Dearen (Tex.App.- Houston [14th Dist.] May 24, 2007)(Hedges)(TTCA, HCLC) (TTCA, immunity, motion to dismiss employee of governmental entity) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Guzman 14-07-00004-CV Dhiren S. Sheth v. Donald C. Dearen Appeal from 334th District Court of Harris County (Judge Sharon McCally) Brazoria County v. Colquitt (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(Hanks)(TTCA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-06-00614-CV Brazoria County, Texas v. Glenn Colquitt Appeal from 412th Judicial District Court of Brazoria County (The Honorable W. Edwin Denman) This interlocutory appeal arises from the trial court's order denying Brazoria County's ("the County's") plea to the jurisdiction filed in response to Glenn Colquitt's personal injury suit. In its sole issue, the County argues that the trial court erred in denying its plea because Colquitt failed to establish the jurisdictional facts required to waive governmental immunity under the Texas Tort Claims Act ("TTCA"). We affirm. 2007-2008 Texas Supreme Court Cases Know nothing and avoid liability - Supreme Court approves state university's ostrich defense and renders judgment against plaintiff UT-PAN AM v. Aguilar, No. 07-0424 (Tex. Apr. 18, 2008)(per curiam) (TTCA, premises liability, dangerous condition, ostrich defense) Supreme Court absolves city of responsibility for motorcycle accident caused by uneven road City of Dallas v. Reed, No. 07-0469 (Tex. May 16, 2008)(per curiam) (TTCA, premises liability, unsafe road condition, elevation difference between lanes, plea to the jurisdiction) Supreme Court lets city avoid liability based on plea of ignorance in drowning case - Public Works Director was unaware of street flooding because he was asleep during storm City of Corsicana v. Stewart, No. 07-0058 (Tex. Mar. 28, 2008)(per curiam) (TTCA, premises liability, dangerous condition, drowning) Stephen F. Austin State Univ. v. Flynn, No. 04-0515 (Tex. Jun. 29, 2007)(Medina)(Recreational Use Statute, TTCA, plea to the jurisdiction, sovereign immunity; suit dismissed as jurisdictionally barred) Stephen F. Austin State University vs. Diane Flynn; from Nacogdoches County; 12th district (12-03- 00240-CV, 202 S.W.3d 167, 04/30/2004) Justice Hecht wrote a concurring opinion in Stephen F. Austin State University v. Flynn |
| Recent Texas Tort Claims Act (TTCA) Decisions from Houston Courts of Appeals and from the Texas Supreme Court |