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Prairie View A&M University v. Brooks10/20/2005
Prairie View A&M University (the "University") appeals a judgment granted in favor of Eddie Ray Brooks for injuries Brooks sustained while repairing a pipe on the University's campus. After conducting a legal sufficiency review of the evidence introduced at trial, we conclude there is no evidence that the University had actual knowledge of the dangerous condition that resulted in Brooks' injury. For this reason, Brooks cannot establish a waiver of sovereign immunity under the Texas Tort Claims Act ("TTCA"), and the trial court lacked jurisdiction to enter judgment. We accordingly reverse the judgment of the trial court and render judgment dismissing the case for lack of jurisdiction.
I. Factual and Procedural Background
The University hires contractors to maintain and service many of its mechanical systems. AppellantBill Turner, d/b/a Turner Mechanical Services ("Turner"), was one of these contractors and at the time of trial had been servicing systems at the University sporadically for thirty years. In October 2000, Turner had a maintenance contract with the University to maintain and repair the University's steam delivery system, among other systems. Appellee Eddie Ray Brooks was an independent contractor working for Turner. At the time of trial, Brooks had worked for Turner for approximately ten years, doing most of his work on the University's campus.
Because of the length of time that Turner and Brooks had worked on the University's campus, they knew some of the University's employees well. Aaron Watson was the University's Plant Superintendent and had worked for the University for twenty-eight years. Charles Muse was the University's Chief Engineer and had worked for the University for twelve years. The testimony at trial established that Turner and Brooks had known and worked around Watson and Muse for a long time. In fact, at the time of the incident in this case, Watson's cousin was actually working on Turner's crew.
A. The University's Health Center Valve Begins Leaking
On October 25, 2000, Watson went to the University's Health Center and heard steam venting. He investigated the sound and determined that the steam valve at the Health Center ("Health Center Valve") was leaking and needed to be repaired. He contacted his supervisor, Muse, to inform him of the situation. Turner was contacted to perform the repair.
The Health Center Valve needed to be isolated prior to beginning the repair. Watson first tried to secure the Health Center Valve by heading upstream on the campus steam system to find an upstream isolation valve that would deprive the Health Center of its supply of steam. The first upstream isolation valve that Watson tried was at Evans Hall ("Evans Isolation Valve"). The Evans Isolation Valve was not working; although Watson tried to turn the valve, it would not close. Watson admitted that he had difficulties with the Evans Isolation Valve in the past, and he knew when he tried to turn it off that it probably would not work.
When Watson failed to secure the broken Health Center Valve by shutting off the Evans Isolation Valve, he went further upstream to find the next isolation valve that was in working order. The second isolation valve that Watson approached was the isolation valve for a low pressure line that provided steam and heat to the southwest campus ("Southwest Isolation Valve"). Under Watson's supervision, a colleague used a pipe wrench to shut off the Southwest Isolation Valve. Watson testified that shutting off this isolation valve should have deprived steam to the low pressure line feeding steam to the southwest campus, which included the broken Health Center Valve. Watson further
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