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the City of Beaumont v. Cody Garrett and Cherry Jones Gates
481 S.W.3d 235
Tex. App.
2015
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Background

  • 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)
Read the full case

Case Details

Case Name: the City of Beaumont v. Cody Garrett and Cherry Jones Gates
Court Name: Court of Appeals of Texas
Date Published: Dec 10, 2015
Citation: 481 S.W.3d 235
Docket Number: NO. 09-15-00093-CV
Court Abbreviation: Tex. App.