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University of Texas at San Antonio v. Trevino11/27/2002
AFFIRMED
This is an appeal from the trial court's denial of a plea to the jurisdiction filed by appellant, the University of Texas at San Antonio ("UTSA"). We hold that the appellees' ("the Trevinos") petition sufficiently alleged claims for non-discretionary acts by UTSA within the scope of the Texas Tort Claims Act's ("the Act") waiver of sovereign immunity; therefore, we affirm the trial court's order.
BACKGROUND
In August 1999, the Trevino family, including three-year-old Marissa Rose, attended a fundraising activity held by the Rotary Club on the UTSA campus. While inside UTSA's Convocation Center, Marissa fell through the railings on the side of the bleachers. She later died from her injuries. The Trevinos sued several defendants, including UTSA. UTSA filed a plea to the jurisdiction, claiming it was immune from suit under the Act because its "design decisions" with regard to the bleacher railings were discretionary acts. The trial court denied the plea and this appeal by UTSA ensued.
STANDARD OF REVIEW
Subject matter jurisdiction is essential to the trial court's authority to decide a case. See Texas Ass'n of Business v. Texas Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993). To prevail, the party asserting the plea to the jurisdiction must show that even if all the allegations in the plaintiff's pleadings are taken as true, there is an incurable jurisdictional defect apparent from the face of the pleadings, rendering it impossible for the plaintiff's petition to confer jurisdiction on the trial court. Texas State Employees Union/CWA Local 6184 v. Texas Workforce Comm'n, 16 S.W.3d 61, 65 (Tex. App.-Austin 2000, no pet.). Because subject matter jurisdiction presents a question of law, we review the trial court's decision under a de novo standard of review. Id. A court deciding a plea to the jurisdiction is not required to look solely to the pleadings, but may consider evidence relevant to the jurisdictional issue and must do so when necessary to resolve the jurisdictional issues raised. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554-55 (Tex. 2000). We construe the plaintiff's pleadings in the plaintiff's favor and look to the plaintiff's intent. Texas Ass'n of Business, 852 S.W.2d at 446. We do not address the merits of the case; instead, the defendant must establish why the merits of the plaintiff's claims should not be reached. Bland Indep. Sch. Dist., 34 S.W.3d at 554.
In their petition, the Trevinos alleged claims against UTSA based on negligence and premises liability. In its plea to the jurisdiction, UTSA characterized the Trevinos' complaints as "design defects," and argued it was entitled to immunity because "design decisions" are discretionary. UTSA did not dispute the Trevinos' premises liability claim, except to argue that claims arising from the negligent design and construction of the bleachers and the railing system did not waive immunity. UTSA also alleges the Trevinos were licensees, and not invitees, for the purposes of their premise liability claim. Although UTSA filed a motion for summary judgment challenging the Trevinos' alleged status as invitees, UTSA's plea to the jurisdiction did not raise a similar challenge. Therefore, we do not consider this argument on appeal. Also, because UTSA's plea to the jurisdiction was based entirely on its discretionary "design decision" argument, the only issue before this court is whether the Trevinos' pleadings adequately allege a claim based on non-discretionary actions sufficient to fall within the Act's waiver of immunity.
DISCRETIONARY ACTS
Under the doctrine of sovereign immunity, a governmental entity is liable for negligence only if a
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