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Prairie View A&M University v. Brooks10/20/2005
verdict finding negligence based on anything less than a showing of actual knowledge. As the Texas Supreme Court noted in Bossley, "the waiver of immunity in the Tort Claims Act is not, and was not intended to be, complete. Arguments for application of the Act that would essentially result in its waiver becoming absolute must therefore be rejected as contrary to the Act's fundamental purpose." 968 S.W.2d at 342.
IV. Conclusion
For the foregoing reasons, we find the evidence legally insufficient to establish that the University had actual knowledge of the dangerous condition of steam entering the section of pipe that would be repaired. Absent proof of actual knowledge, the University was entitled to sovereign immunity under the Texas Tort Claims Act. We sustain the University's second issue, reverse the trial court's judgment, and render judgment dismissing this case for lack of subject matter jurisdiction.
Judgment rendered and Opinion filed October 20, 2005.
Panel consists of Justices Edelman, Seymore, and Guzman.
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