TTCA Cases from the First and Fourteenth Court of Appeals

Dismissal of suit over ferry drowning under TTCA reversed
Thurman v. Harris County (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Hanks)
(
TTCA, ferry drowning, plea to the jurisdiction improperly granted)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC
FOR FURTHER PROCEEDINGS:   
Before Judge Wilson, Justices Hanks and Bland. Opinion by
Justice George C. Hanks, Jr.
01-07-00235-CV Joe Thurman, Individually, And As Sole Heir of the Estate of Amanda Rene Thurman v.
Harris County, Texas, As a Local Governmental Unit of the State of Texas
Appeal from 269th District Court of Harris County
Trial Court Judge:
The Honorable John T. Wooldridge  

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  

Collision with EMS vehicle - Does immunity apply?
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 of governmental entity defendant)
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 Tort Claims Act Decisions

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)
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
Old Harris County Civil Courthouse
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