Under TTCA, the integral safety component doctrine turns on entity negligently providing personal property missing an integral safety component, not the non-use of property.

City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Deceased, Tammie Rene Gutkowski and Carl Gutkowski  14-17-00234-CV  (Tex. App—— Houston [14th Dist.], October 17, 2017) This is an interlocutory appeal from the denial … Continue reading

Quote

Fort Worth Court of Appeals held trial court was within its discretion to allow Plaintiff time to replead and produce evidence in response to jurisdictional plea

City of Bedford v. Leah Smith 02-16-00436-CV (Tex. App—– Fort Worth, October 12, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a pedestrian falling into a manhole where the Fort Worth Court of Appeals affirmed in part … Continue reading

Quote

Dallas Court of Appeals holds immunity is waived when employees dropped elderly woman while lifting her from wheelchair

Dallas County Hospital District d/b/a Parkland Health & Hospital System v. Connie Moon, as Personal Representative of the Estate of Sandra Mercado 05-17-00538-CV (Tex.App— Dallas, October 12, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving the alleged … Continue reading

Quote

Texarkana Court of Appeals holds the vote and decision not to vote on District business cannot be an ultra vires claim

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas 06-17-00060-CV (Tex.App— Texarkana, October 12, 2017) This is an appeal from the denial of a plea to the jurisdiction where property … Continue reading

Quote

District immune from suit challenging the validity of district actions, but Plaintiff entitled to replead as ultra vires claim

 Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 (Cross-Appellee) v. Bandera County River Authority and Groundwater District (Cross-Appellant) 04-16-00536-CV (Tex.App— San Antonio, September 13, 2017) This is a declaratory judgment case between two local governmental entities. The San Antonio … Continue reading

Quote

TxDOT former employee failed to establish disability discrimination or retaliation claims

Melissa K. Ferguson v. Texas Department of Transportation, 11-15-00110-CV (Tex. App. – Eastland, August 31, 2017). This is an employment disability discrimination and retaliation case where the Eastland Court of Appeals affirmed a judgment in favor of the employer. Ferguson … Continue reading

Quote

Town immune from claims to invalidate vote where no ordinance was actually adopted says Fort Worth Court of Appeals

Peter Schmitz, et al  v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, August 31, 2017). This is an appeal from a final judgment against the Plaintiffs who attempted to force the Town to enforce its … Continue reading

Quote

Interlocutory appeal mooted by Plaintiff’s non-suit, even though Plaintiff refiled similar suit directly after dismissal

City of Sealy, et al.  v. Town Park Center, 01-17-00127-CV (Tex. App. – Houston [1st Dist.], August 24, 2017). This is an opinion where the court held the appeal is moot, but where the City asserted mootness was not applicable … Continue reading