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References in medical records were insufficient to provide Texas Tort Claims Act notice of claim says Fort Worth Court of Appeals

University of North Texas Health Science Center v. Jessica Jimenez, Jennifer Galo, Catherine Frank, in Their Individual Capacities, and William Tyler II, as Independent Administrator of the Estate of Pamela J. Knight, Deceased, 02-16-00368-CV (Tex.App— Fort Worth, August 3, 2017) … Continue reading

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13th Court of Appeals affirms take nothing judgment in favor of TxDOT for premise liability/flooding death case

  Geoffrey Lucker v. Texas Department of Transportation 13-16-00380-CV( Tex.App—Corpus Christi, August 3, 2017) This is a premise liability case where the 13th Court of Appeals affirmed the granting of jury verdict in favor of TxDOT TxDOT received information water … Continue reading

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14th Court of Appeals holds administering drug is the “use” of tangible personal property for immunity purposes

University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased), Deborah Diver, Individually and As Next Friend of Jensen O’Hara, a Minor 14-16-00681-CV (Tex.App—Houston [14th District] August 3, 2017) … Continue reading

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Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals … Continue reading

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Driver who told City he was “shaken up” but “OK” did not provide actual notice of personal injury claim says Fourth Court of Appeals

 City of San Antonio v. Charles Cervantes, 04-16-00569-CV(Tex. App— San Antonio, February 22, 2017) This is an automobile accident case under the Texas Tort Claims Act where the San Antonio Court of Appeals reversed the denial of the City’s plea … Continue reading

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14th Court of Appeals holds police officer is entitled to official immunity in police chase case after providing detailed affidavits.

City of Houston v. Paula Collins,14-16-00449-CV (Tex. App— Houston [ 14th Dist.] January 31, 2017) This is a Texas Tort Claims Act vehicle accident case involving official immunity where the 14th Court of Appeals reversed and rendered the denial of … Continue reading

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Death from slip on kayak cut in dam not actionable under TTCA, but failure to maintain scour hole is says Fort Worth Court of Appeals

Tarrant Regional Water District v. Richard Johnson and Sharkara Johnson, 02-16-00043-CV (Tex. App— Fort Worth, December 30, 2016) This is an interlocutory appeal in a Texas Tort Claims Act (“TTCA”) case where the Fort Worth Court of Appeals affirmed-in-part and … Continue reading

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“Wet floor” warning sign sufficient as a matter of law to warn of dried but slippery wax on floor under TTCA says Beaumont Court of Appeals

 Montgomery County v. David Lanoue, 09-16-00195-CV (Tex. App— Beaumont, December 29,2016) This is a Texas Tort Claims Act (“TTCA”) slip-and-fall case where the Beaumont Court of Appeals reversed the denial of the County’s plea to the jurisdiction and dismissed the … Continue reading