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TEXAS TORT CLAIMS ACT (CPRC § 101.021)
A governmental unit in the state is liable for:
(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the
negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or
motor-driven equipment; and
(B) the employee would be personally liable to the claimant according to Texas law; and
(2) personal injury and death so caused by a condition or use of tangible personal or real property if the
governmental unit would, were it a private person, be liable to the claimant according to Texas law.
Tex. Civ. Prac.& Rem. Code Ann. § 101.021 (Vernon 1997).
Source: Gresham v. UTBM, 09-04-00155-CV (Tex. App. Beaumont, February 3, 2005, pet denied)
RECENT TTCA CASES FROM HOUSTON COURTS OF APPEALS
Brazoria County v. Gelder (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (Sullivan)
(Texas Tort Claims Act, dangerous road condition, no waiver of immunity)
REVERSED AND RENDERED: Opinion by Justice K. Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-01092-CV Brazoria County v. Kym Van Gelder
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta
TSU v. Gilford (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Wilson)
(TTCA, plea to the jurisdiction properly denied)
AFFIRM TC JUDGMENT: Opinion by Judge Wilson
Before Chief Justice Radack, Judge Wilson, Justice Higley
01-08-00399-CV Texas Southern University v. Mary Gilford
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
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 Co Civil Ct at Law No 2 of Harris County
Trial Court Judge: Judge Gary Michael Block
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)
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