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Failure to drive school bus to hospital instead of waiting for ambulance to assists non-responsive child is a non-use of property, which does not waive immunity says Beaumont Court of Appeals.

Nathan Delameter et. al, v. Beaumont Independent School District (Tex. App — Beaumont, February 1, 2017) This is a wrongful death/Texas Tort Claims Act case where the Beaumont Court of Appeals affirmed the granting of the school district’s plea to … Continue reading

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Waco Court of Appeals holds property owner was precluded from bringing further claims for disannexation

Karen Hall v. City of Bryan, 10-16-00044-CV (Tex. App. –- Waco, January 3, 2018) This is a disannexation lawsuit where the Waco Court of Appeals affirmed the trial court’s summary judgment motion dismissing the Plaintiff’s claims for disannexation. This is … Continue reading

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Dallas Court of Appeals disagrees with El Paso Court of Appeals and holds civil service commission dismissal of grievance is still subject to appeal to district court

Rodney D. Bailey v. Dallas County, et al.,  05-16-00789-CV (Tex. App. – Dallas, December 21, 2017) This is a county civil service case where the Dallas Court of Appeals affirmed-in-part and reversed-in-part the County Defendants’ plea to the jurisdiction filed … Continue reading

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El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court … Continue reading

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DFW may have waived immunity regarding contract for credit-card fee analysis due to presence of “good faith” revision clause

Dallas/Fort Worth International Airport Board v. Vizant Technologies, LLC Formerly known as P.E. Systems, LLC (Tex. App— Dallas, December 15, 2017) This is a contractual immunity case where the Dallas Court of Appeals affirmed-in-part and denied-in-part the Airport Board’s plea … Continue reading

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City and Officer who witnessed car accident immune from claims they “failed to protect and warn” of the impending collision

  Christopher Leron Clegg v. City of Fort Worth  02-17-00040-CV (Tex.App – Fort Worth, December 14, 2017) This is a Texas Tort Claims Act (“TTCA”) vehicle accident case where the Fort Worth Court of Appeals affirmed the granting of the … Continue reading