the City of Beaumont v. Cody Garrett and Cherry Jones Gates
481 S.W.3d 235
Tex. App.2015Background
- Light at intersection out; Gates ran red-carved signal and struck Garrett; Garrett approached intersection knew light out but stopped; City had notice of malfunction prior to collision; Tort Claims Act limits municipal liability to failures after notice and within reasonable time; Trial court denied plea to jurisdiction, appellate review granted
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether City’s plea preserved immunity and jurisdiction | Garrett argues City failed to act within duty after notice | City asserts governmental immunity and lack of failure to show unreasonable risk | Plea denied; jurisdictional issue resolved in City's favor? actually affirmed denial of City’s plea |
Key Cases Cited
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (plea to jurisdiction requires limited inquiry into jurisdictional facts)
- Capshaw v. Tex. Dep’t of Transp., 988 S.W.2d 943 (Tex. App.—El Paso 1999) (limits on exploratory inquiry in jurisdictional pleas)
- Blue (Bland Indep. Sch. Dist. v. Blue), 34 S.W.3d 547 (Tex. 2000) (referenced standard for jurisdictional review)
- Fed. Sign v. Tex. S. Univ., 951 S.W.2d 401 (Tex. 1997) (discusses governmental immunity and tort claims act)
- Duhart v. State, 610 S.W.2d 740 (Tex. 1980) (immunity framework for governmental entities)
