Texas Tort Claims Act Case Law (Tex.App.- Houston 2006) (Tex. 2006)
Townsend a/n/f of Patterson Children v. City of Alvin (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Hudson) [governmental entity law, TTCA, sovereign immunity, auto fatality, police officer’s failure to take unauthorized drive off the road, driver caused deadly collision, suit dismissed for lack of jurisdiction on the pleadings, no waiver] AFFIRMED: Opinion by Justice Hudson Before Justices Hudson, Fowler and Seymore 14-05-00915-CV James Randel and Nancy Patterson , as Next Friends of Haley Patterson and Garrett Patterson v. City of Alvin--Appeal from 239th District Court of Brazoria County
Dimas v. The Texas State University System (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Hedges) [governmental entities law, TTCA, sexual assault, civil case, sovereign immunity, plea to the jurisdiction affirmed] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00664-CV Marisa Dimas v. The Texas State University System, Et Al Appeal from of County
UTMB v. Thompson (Tex.App.–Houston [14th Dist.] June 20, 2006)(Anderson) [governmental entity law, TTCA. denial of university’s plea to the jurisdiction reversed, judgment of dismissal rendered, sovereign immunity not waived] REVERSED AND RENDERED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-06-00014-CV University of Texas Medical Branch v. Tinesha T. Thompson Appeal from 122nd District Court of Galveston County (Judge John A. Ellisor JR.) The trial court denied appellant’s plea to the jurisdiction and this interlocutory appeal followed pursuant to Tex. Civ. Prac. & Rem. Code Ann. §51.014(a)(8) (Vernon Supp. 2005). Holding: Appellee’s suit does not invoke the limited waiver of immunity found in the Tort Claims Act for two reasons. First, appellee’s allegations do not meet the Tort Claims Act’s requirement that tangible state personal property cause appellee’s injury. See Tex. Civ. Prac. & Rem. Code Ann. §101.021(2). Second, the substance of appellee’s claim is that appellant failed to timely diagnose and treat appellee’s appendicitis. Tangible State Personal Property Did Not Cause Appellee’s Injury. Reversed and Rendered
City of Pasadena v. Thomas (Tex.App.- Houston [1st Dist.] Aug. 31, 2006)(Radack)(TTCA, immunity) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-00333-CV City of Pasadena v. James Thomas Appeal from 334th District Court of Harris County
Dimas v. The Texas State University System (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Hedges) [governmental entities law, TTCA, sexual assault, civil case, sovereign immunity, plea to the jurisdiction affirmed] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00664-CV Marisa Dimas v. The Texas State University System, Et Al Appeal from of County
Townsend a/n/f of Patterson Children v. City of Alvin (Tex.App.- Houston [14th Dist.] Aug. 15, 2006)(Hudson) [governmental entity law, TTCA, sovereign immunity, auto fatality, police officer’s failure to take unauthorized drive off the road, driver caused deadly collision, suit dismissed for lack of jurisdiction on the pleadings, no waiver] AFFIRMED: Opinion by Justice Hudson Before Justices Hudson, Fowler and Seymore 14-05-00915-CV James Randel and Nancy Patterson , as Next Friends of Haley Patterson and Garrett Patterson v. City of Alvin--Appeal from 239th District Court of Brazoria County Raleigh Patterson, as next friend of Haley and Garrett Patterson, sued the City of Alvin (the “City”) for negligence arising out of a fatal automobile accident. The trial court granted the City’s plea to the jurisdiction. On appeal, James Randel and Nancy E. Townsend, appellants, substituted for Raleigh Patterson. The sole issue on appeal is whether an Alvin police officer used or operated a vehicle in such a manner as to waive governmental immunity under the Texas Tort Claims Act (TTCA). We affirm. ("The trial court heard no evidence on this jurisdictional issue, and the facts before us are taken from the pleadings at trial. The plaintiffs’ petition alleged Scott Elliott, an Alvin, Texas police officer, conducted a traffic stop for a speeding violation and learned the seventeen-year-old driver, Michael Leroux, was unlicensed, untrained, had no insurance for the vehicle, and could provide no form of identification. Despite this knowledge, Officer Elliott “exercised control” over Leroux’s vehicle and “exhibited bad faith when he commanded Leroux to drive straight home.” Only minutes later, Leroux ran a red light and broadsided another car, killing its driver, Kimberly Patterson. Raleigh Patterson, Kimberly Patterson’s husband, was a passenger in the vehicle. Raleigh and Kimberly had two children at the time of the accident, eight-year-old Haley and three-year-old Garrett. Raleigh Patterson, as next friend of Haley and Garrett (the “Pattersons”), sued the City, the Alvin Police Department, and Officer Scott Elliott for negligence under the TTCA. The trial court granted the City’s plea to the jurisdiction, and the Townsends bring this appeal.") Holding: The Pattersons’ pleadings affirmatively negate the existence of jurisdiction, and we find the trial court did not err by granting the City’s plea to the jurisdiction.
UTMB v. Thompson (Tex.App.–Houston [14th Dist.] June 20, 2006)(Opinion by Anderson, J.) [TTCA. denial of university’s plea to the jurisdiction reversed, judgment of dismissal rendered, sovereign immunity not waived for this type of health care liability claim] TRIAL COURT'S DENIAL OF UNIVERSITY'S PLEA TO THE JURISDICTION REVERSED AND JUDGMENT OF DISMISSAL RENDERED 14-06-00014-CV University of Texas Medical Branch v. Tinesha T. Thompson Appeal from 122nd District Court of Galveston County (Judge John A. Ellisor Jr.)
City of Houston v. Degner (Tex.App. - Houston [1st Dist.] May 18, 2006)(Keyes) [TTCA, tort claims act, no waiver of immunity for false 911 information about alleged suicide] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Hanks 01-05-00133-CV City of Houston and Harris County, Texas v. Tanya Lynn Degner, Individually and a/n/f of Blake Degner, a Minor Child, and Ryan Allen Degner, a Minor Child Appeal from 113th District Court of Harris County (Hon. Patricia Hancock)