City of Austin v. Katherine Michelle Miller
03-24-00385-CV
Tex. App.May 1, 2025Background
- Katherine Michelle Miller was injured by a dog, Fancy Gigi, at an adoption event hosted by the City of Austin's Austin Animal Center.
- Miller alleged that the City was aware of the dog's dangerous propensities and failed to properly restrain it, resulting in her injuries.
- The City filed a plea to the jurisdiction, arguing it was immune from suit under the Texas Tort Claims Act (TTCA) because the alleged act was part of a governmental function for which immunity was not waived.
- Miller argued that the City was liable under both strict liability (for keeping a dangerous animal) and negligence (for improper handling), and that immunity was waived under TTCA for injuries related to the use of tangible personal property.
- The trial court denied the City’s plea to the jurisdiction, after which the City appealed.
- The court of appeals reviewed whether the TTCA waived governmental immunity for Miller’s strict liability and negligence claims.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Does TTCA waive immunity for strict liability? | City is strictly liable as owner of dangerous dog; TTCA covers such claims. | TTCA does not clearly waive immunity for strict liability; proximate cause needed. | TTCA does NOT waive immunity for strict liability claims. |
| Does TTCA waive immunity for negligent use of tangible personal property? | City was negligent in using Fancy Gigi to attract public, leading to injury. | City did not “use” the dog under the TTCA; no causation between use and injury. | TTCA waives immunity for negligent use; claim may proceed. |
Key Cases Cited
- Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540 (Tex. 2003) (discussing governmental immunity and the necessity of a clear waiver)
- Dallas County Mental Health & Mental Retardation v. Bossley, 968 S.W.2d 339 (Tex. 1998) (requiring proximate cause for immunity waiver under TTCA)
- Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974) (Texas law on strict liability for dangerous animals)
- Union Pump Co. v. Allbritton, 898 S.W.2d 773 (Tex. 1995) (distinguishing proximate and producing cause)
- Strickland v. Medlen, 397 S.W.3d 184 (Tex. 2013) (pets as personal property under Texas law)