7 results for 'cat:"Tort" AND cat:"Immunity" AND cat:"Jurisdiction"'.
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: tort, immunity, jurisdiction
J. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: tort, immunity, jurisdiction
J. Tijerina finds the lower court improperly denied the city's plea to the jurisdiction on an individual's negligence lawsuit filed under the Texas Tort Claims Act. She claims she was injured "while she was being transported by police," but she does not provide detail as to how she was injured. She fails to establish a waiver of the city's immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-23-00060-CV, Categories: tort, immunity, jurisdiction
J. Jackson declines to remand to state court the school board's lawsuit accusing Facebook, Instagram and Tik-Tok of being highly addictive to children and harmful to the learning environment it is required to provide for its students. The school board argues that it is an arm of the state and therefore immune from federal jurisdiction under the Eleventh Amendment, but this argument "has been squarely rejected by the U.S. Court of Appeals for the Fifth Circuit, each of the three Louisiana U.S. District Courts, and Louisiana's state courts, too."
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 2, 2023, Case #: 3:23cv807, NOS: Torts to Land - Real Property, Categories: tort, immunity, jurisdiction
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J. Gray finds that the trial court properly granted the college's plea to the jurisdiction and dismissed the fire academy student's claims over his injuries that occurred during a demonstration in which he was sprayed in the head with water from a fire hose. There was no waiver of the college's immunity since the evidence does not show the student's injury resulted from the "operation of a motor vehicle." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: September 21, 2023, Case #: 10-21-00070-CV, Categories: tort, immunity, jurisdiction
J. Benavides finds that the lower court improperly denied the city's plea to the jurisdiction in this lawsuit concerning "property damage from stormwater runoff." The property owners' claims do not establish a waiver of the city's immunity, as the alleged property damage did not arise from "the operation or use of a motor-driven vehicle or motor-driven equipment." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: August 17, 2023, Case #: 13-22-00528-CV, Categories: tort, immunity, jurisdiction