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

Dallas Court of Appeals holds simply because building was having roof repairs does not equate to actual knowledge of dangerous condition due to water at specific location of convention center

City of Dallas v. Leslie Papierski 05-17-00157-CV (Tex. App— Dallas, October 2,2017) This is a Texas Tort Claims Act (“TTCA”) case and interlocutory appeal from the denial of the City’s plea to the jurisdiction. The Dallas Court of Appeals reversed … Continue reading

Quote

Trial court properly denied plea in vehicle accident case since City officer saw Plaintiff rubbing his back noting he had “a slight pain”

 City of San Antonio v. Carlos Mendoza 04-17-00168-CV (Tex.App— San Antonio, September 13, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving the alleged negligent operation or use of a motor vehicle in which the San Antonio Court of … Continue reading

Quote

Police Officer’s failure to secure detainee in seat belt while driving the car to facility deemed a negligent use of motor driven equipment under TTCA

City of Houston v. Frank Nicolai, 01-16-00184-CV, (Tex. App. – Houston [1st Dist.], August 24, 2017) This is an interlocutory appeal where the First District Court of Appeals affirmed the denial of the City’s plea to the jurisdiction in this … Continue reading