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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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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

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Trial court properly dismissed subsequent purchaser’s TTCA and Takings claims after City demolished house

Jorge Rodriguez v. City of Fort Worth, 07-16-00037-CV (Tex.App. – Amarillo, December 8, 2017) This is a takings/condemnation and TTCA case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Prior to … Continue reading

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Dallas Court of Appeals holdd officer did not establish official immunity because of fact question exists as to whether a reasonable officer would look both ways before entering an intersection

  City of Dallas v. Matthew A. Lamb, 05-16-01506-CV (Tex. App. – Dallas, December 4, 2017). This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a police auto-accident case. The Dallas Court of … Continue reading

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Since officer’s affidavit did not detail his evaluation as he approached intersection, 4th Court of Appeals holds city did not establish emergency response application to tort suit

City of San Antonio v. Patrick Torres and Johnnie Dears 04-17-00309-CV (Tex.app —— San Antonio, Texas November 15, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a vehicle accident where the San Antonio Court of Appeals affirmed … Continue reading

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City immune from suit for traffic light displaying “walk” signal at same time as green “turn arrow” says 13th Court of Appeals

City of Edinburg v. Melinda Balli  13-17-00183-CV (Tex.App–, Corpus Christi, November 9, 2017) This is a Texas Tort Claims Act case where the Corpus Christi Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed … Continue reading

Court considered statements made by bus driver within onboard system as creating a fact issue on “actual notice” of fault in death of student

La Joya Independent School District v. Tanya Gonzalez, Individually and A/N/F of Josue Rogelio Uranga, Deceased Minor 13-16-00426-CV (Tex.App—- Corpus Christi & Edinburg, Texas November 2, 2017) This is an appeal in a Texas Tort Claims Act student/bus case where the … Continue reading