El Paso Cnty. Water Improvement Dist. 1 v. Ochoa
554 S.W.3d 51
| Tex. App. | 2018Background
- Flooding breached the Franklin Canal (operated by El Paso County Water Improvement District No. 1) on June 4, 2011 after district employees had dredged and later worked on the bank; water inundated homes in the Ramos Court neighborhood causing property loss and claimed personal injuries.
- Appellees (over 50 homeowners/apartment residents) sued for negligence, nuisance, trespass, and premises defect, alleging employee use of motor-driven equipment and a cheater bar exacerbated the breach and caused personal injuries (mental anguish and physical manifestations).
- The Water District filed pleas to the jurisdiction asserting governmental immunity under the Texas Tort Claims Act (TTCA) and argued it had already satisfied the TTCA waiver limit for property damage; trial court denied the second plea; this interlocutory appeal challenges that denial.
- Parties agree the District paid the TTCA waiver limit for property damage, reinstating immunity for property claims beyond that limit; remaining dispute is whether immunity is waived for personal-injury claims (mental-anguish/physical symptoms) under TTCA §101.021.
- Trial court denied the plea; the appellate court reviews de novo whether the pleadings and record invoke a TTCA waiver permitting personal-injury recovery and thus waive governmental immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TTCA waives immunity for plaintiffs' personal-injury (mental-anguish/physical symptoms) claims arising from the canal breach | Mental anguish and physical symptoms from the flooding are personal injuries waived by TTCA because employees' use of equipment/cheater bar caused the breach | TTCA does not waive immunity here: plaintiffs assert only mental-anguish (and manifestations) arising from property damage and have not pleaded physical injury or an actionable theory that would make a private defendant liable | Held: No waiver. Plaintiffs pleaded only mental-anguish/physical manifestations from property damage and did not fit recognized categories that permit recovery; immunity retained and claims dismissed |
| Whether plaintiffs' theories (negligence, nuisance, trespass, premises defect) — as pleaded — would subject a private defendant to liability for mental-anguish without physical injury | Each theory gives rise to liability for plaintiffs' asserted mental-anguish and physical symptoms | These causes (absent physical injury or specific categories like intentional conduct, special relationship, particularly disturbing events) do not permit recovery for mental-anguish alone | Held: Pleadings do not state recoverable causes for mental-anguish under common law theories sufficient to waive immunity |
| Whether intentional-tort theories (trespass/nuisance) save the claims from immunity | Plaintiffs allege nuisance/trespass arising from conduct with motor-driven equipment and cheater bar | TTCA does not waive intentional torts; intentional nuisance/trespass claims (not constitutional) fail as a matter of law | Held: Intentional-tort theories would not be waived; such claims fail under TTCA §101.057(2) |
| Effect of prior payment of TTCA waiver limit for property damage on remaining claims | Payment limits only property claims; personal-injury claims remain viable up to waiver limit | Payment reinstates immunity for property damage beyond the limit; personal-injury recovery still requires an independent waiver — which plaintiffs have not shown | Held: Property claims beyond payment remain barred; personal-injury claims also barred because no TTCA waiver shown |
Key Cases Cited
- Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540 (Tex. 2003) (governmental immunity defeats subject-matter jurisdiction absent clear legislative waiver)
- Texas Dept. of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (standards for pleading and proof to overcome a plea to the jurisdiction and review de novo)
- Sampson v. Univ. of Texas at Austin, 500 S.W.3d 380 (Tex. 2016) (TTCA waiver and co-extensiveness of immunity from suit and liability)
- City of Tyler v. Likes, 962 S.W.2d 489 (Tex. 1997) (mental-anguish damages not recoverable for negligent property damage; categories where mental anguish may be recoverable)
- Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909 (Tex. 2013) (mental-anguish without physical injury recoverable only with willful and deliberate trespass)
- Edinburg Hosp. Auth. v. Trevino, 941 S.W.2d 76 (Tex. 1997) (bystander mental-anguish recovery where traumatic injury to a close relative was witnessed)
- Port of Houston Authority v. Aaron, 415 S.W.3d 355 (Tex. App.—Houston [1st Dist.] 2013) (describing sleep deprivation and related disorders as mental-anguish; refusing TTCA waiver where no common-law liability for such mental-anguish was pleaded)
- Motor Exp., Inc. v. Rodriguez, 925 S.W.2d 638 (Tex. 1996) (premises-defect theory does not permit recovery for mental-anguish without physical injury)