Texas A&M University v. Jorge Rios
10-15-00238-CV
| Tex. App. | Dec 3, 2015Background
- On October 6, 2011, Jorge Rios was rear-ended by David Waidler in Tarrant County; Waidler was driving a Texas A&M System vehicle.
- Rios sued Texas A&M University (Appellant) under the Texas Tort Claims Act (TTCA) for personal injuries; suit initially filed in Tarrant County and later transferred to Brazos County.
- Appellant filed a plea to the jurisdiction asserting governmental immunity, arguing Waidler was an employee of Texas A&M AgriLife Research (TAMU-AgriLife), not Texas A&M University.
- Relevant evidence included a peace-officer crash report listing vehicle owner as Texas A&M University, a System Risk Management accident report identifying AgriLife as the owner and Waidler as a research assistant, and a property-damage settlement signed by a TAMU-AgriLife insurance specialist.
- Rios produced a March 26, 2012 demand letter to "Texas A&M University ATTN: Debbie Smith," and the Assistant Attorney General acknowledged representation in April 2012; appellant had settled property damage and its financial office knew of the accident before April 6, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Waidler was Appellant's employee such that TTCA waiver applies | Rios: facts create a dispute about who employed Waidler; Appellant likely responsible | Texas A&M: Waidler was an AgriLife employee, so Texas A&M University is immune | Court: Evidence raises a fact question on employment; plea denied |
| Whether statutory notice (§101.101) was provided within six months or Appellant had actual notice | Rios: sent demand within six months and Appellant had actual notice (AAG letter, settlement, internal awareness) | Texas A&M: record lacks competent evidence of actual notice within six months | Court: Evidence creates a genuine dispute of material fact on timely/actual notice; plea denied |
Key Cases Cited
- Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (standard for resolving jurisdictional facts on plea to the jurisdiction)
- City of Waco v. Kirwan, 298 S.W.3d 618 (take evidence favorable to nonmovant and resolve doubts for plea-to-jurisdiction review)
- Tex. Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338 (actual notice standard under TTCA; imputation of notice via investigating employees)
- Cathey v. Booth, 900 S.W.2d 339 (notice requirement under TTCA is jurisdictional)
- IT-Davy, Tex. Natural Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849 (sovereign immunity principles and waiver analysis)
- Alexander v. Walker, 435 S.W.3d 789 (TTCA provides limited waiver of governmental immunity)