the Gulf Coast Center v. Daniel Curry, Jr., 658 S.W.3d 281

Gulf Coast Center (a community center providing services, including bus transport) was sued by Daniel Curry after a Gulf Coast bus struck him; Curry alleged a personal-injury claim under the Texas Tort Claims Act (TTCA).
The jury found Gulf Coast negligent and awarded Curry $216,000; Curry requested judgment for the full verdict plus costs and interest.
Gulf Coast conceded it was a governmental unit but contended its liability was capped at $100,000 under Tex. Civ. Prac. & Rem. Code §101.023(b); Curry asserted the $250,000 cap applied.
The trial court entered judgment for the full verdict; Gulf Coast moved to reform the judgment to comply with the $100,000 cap and was denied; the court of appeals affirmed.
The Texas Supreme Court granted review, holding the TTCA’s damages caps limit the waiver of immunity (thus implicate jurisdiction), that the plaintiff bears the burden to prove which cap applies, and that Gulf Coast was conclusively shown to be a unit of local government subject to the $100,000 cap.
The Court reversed and remanded with instructions to recalculate the judgment to comply with the $100,000 cap.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Do TTCA damages caps implicate trial-court jurisdiction or are they an affirmative defense?	Caps are an affirmative defense affecting liability only.	Caps limit the waiver of immunity and thus implicate jurisdiction.	Caps implicate jurisdiction because §101.025 waives immunity only "to the extent of liability" in §101.023.
Who bears the burden to establish which TTCA cap applies?	Defendant must plea and prove cap as affirmative defense.	Plaintiff must prove the court has jurisdiction, including which cap applies.	Plaintiff bears the burden to affirmatively demonstrate which statutory cap applies.
Should a jury decide which cap applies, or is it a judicial (jurisdictional) determination?	Cap applicability can be submitted to jury.	Court should resolve jurisdictional questions and may consider evidence to decide cap.	The trial court (not the jury) decides the jurisdictional question of which cap applies.
Was Gulf Coast subject to the $100,000 cap as a unit of local government?	Curry did not plead or prove the $250,000 cap applied.	Gulf Coast is a community center under Tex. Health & Safety Code §534.001 and thus a unit of local government subject to $100,000 cap.	Uncontroverted evidence established Gulf Coast is a community center and therefore a unit of local government; the $100,000 cap applies.

Fed. Sign v. Tex. S. Univ., 951 S.W.2d 401 (Tex. 1997) (sovereign immunity basics and waiver principles)
Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636 (Tex. 1999) (distinguishing immunity from suit and immunity from liability)
Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (plaintiff must establish jurisdictional facts and scope of waiver)
Fort Worth Transp. Auth. v. Rodriguez, 547 S.W.3d 830 (Tex. 2018) (discussed limits of §101.023 but not the §101.025 interaction)
Town of Shady Shores v. Swanson, 590 S.W.3d 544 (Tex. 2019) (plaintiff’s burden to show waiver of governmental immunity)
Sampson v. Univ. of Tex., 500 S.W.3d 380 (Tex. 2016) (describing co-extensive nature of waivers under TTCA)
Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (trial court’s role in resolving jurisdictional questions)