Sovereign Immunity, TTCA

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 reversed-in-part the
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Sovereign Immunity, TTCA

“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 case. When
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Sovereign Immunity, TTCA

Falling item in room was a premise defect case, not a tangible personal property case under TTCA says Dallas Court of Appeals

Laura Constantino v. Dallas County Hospital District d/b/a Parkland Health & Hospital System a/k/a Parkland Memorial Hospital, 05-15-01273-CV (Tex.App— Dallas, October 24,2016) This is the second appellate decision regarding this negligent case where the Court of Appeals held this was a premise
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Plaintiff’s expert created fact issue as to officer’s recklessness preventing the granting of City’s plea to the jurisdiction

Bay City, Texas v. Wade McFarland, 13-15-00122-CV (Tex. App— Corpus Christi, October 13,2016) This is a Texas Tort Claims Act case involving an automobile accident where the Corpus Christi Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Since volunteer firefighter is not an employee, no waiver of immunity exists for his car accident

Freer Volunteer Fire Department v. April Wallace, Individually and Next Friend of Gabriella Wallace, 04-16-00373-CV (Tex. App— San Antonio, October 5,2016) This is a Texas Tort Claims Act case where the involving a volunteer fire department and whether an individual is a
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Official/Qualified Immunity, Sovereign Immunity, TTCA

Since trooper entitled to official immunity in car accident case, DPS also immune from care accident says Austin Court of Appeals

Texas Department of Public Safety v. Anisty Mirasol, 03-15-00300-CV (Tex.App— Austin, September 29,2016) The Texas Department of Public Safety (“DPS”) appeals from the trial court’s order denying its plea to the jurisdiction in a vehicle collision case with a DPS officer under
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Constitutional Challenge, Contracts, Declaratory Judgments, Injunction, Official/Qualified Immunity, Public Works, Sovereign Immunity, TOMA, TTCA, Ultra Vires

City waived immunity in breach of contract case for solid waste disposal services

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley,04-15-00729-CV (Tex.
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