 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
City of Fort Worth11/23/2005
Appellant, the City of Fort Worth, appeals from the trial court's judgment denying its plea to the jurisdiction. Because the pleadings filed by Appellee Emma J. Hurst fail to plead a cause of action within the waiver of sovereign immunity codified in the Texas Tort Claims Act (the Act), we will reverse and render judgment sustaining the City's plea to the jurisdiction.
Hurst's original petition alleges that she was driving in Fort Worth near a housing project construction site when some material fell off a "tractor/bulldozer" that was crossing in front of her. The material hit underneath Hurst's van, knocking a hole in her van's transmission and damaging its tires. Hurst also pleaded that she sustained injuries to her right foot, ankle, and leg. Hurst sued the City and Rainier Construction, the construction company building the housing.
Specifically, Hurst pleaded that she had suffered injuries and property damage "proximately caused by the negligence of the Defendant, RAINIER CONSTRUCTION, while operating within its contract with the City of Fort Worth, Texas." Hurst pleaded no other acts of negligence or theories of liability against the City. The City filed a plea to the jurisdiction, asserting that it was sovereignly immune from suit for tort liability because it did not own or build the project, nor did it own or operate the tractor/bulldozer involved in this action. The trial court denied the plea, and this appeal followed.
In two issues, the City complains that the trial court erred by denying its plea to the jurisdiction. The City contends that Hurst failed to plead that her injuries or property damage resulted from the City's operation or use of a motor vehicle or from use of tangible personal property. The City also points out that it attached the construction contract at issue to its First Amended Plea in Abatement, Plea to the Jurisdiction, and Original Answer. The contract shows that the owner of the project was The Villas of Eastwood Terrace, LLC, and the company The Villas contracted with to perform the construction work was Rainier. Thus, the City argues that even if it were liable for the negligence of contractors with whom the City contracted, it is not liable in this case because it is not a party to this particular contract.
We review a trial court's ruling on a plea to the jurisdiction under a de novo standard of review because subject matter jurisdiction is a question of law. Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998), cert. denied, 526 U.S. 1144 (1999); Univ. of N. Tex. v. Harvey, 124 S.W.3d 216, 220 (Tex. App.--Fort Worth 2003, pet. denied). The plaintiff has the burden to plead facts affirmatively showing that the trial court has jurisdiction. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993); Univ. of N. Tex., 124 S.W.3d at 220. In determining whether the plaintiff has met this burden, we look to the allegations in the pleadings, accept them as true, and construe them in favor of the pleader. Tex. Ass'n of Bus., 852 S.W.2d at 446; Univ. of N. Tex., 124 S.W.3d at 220. We also may consider evidence presented to the trial court to resolve the jurisdictional dispute, and we must do so when necessary to resolve the dispute. Univ. of N. Tex., 124 S.W.3d at 220.
Governmental entities such as the City are immune from suit unless the legislature has expressly consented to the suit. Tex. Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999); Fed. Sign v. Tex. S. Univ., 951 S.W.2d 401, 405 (Tex. 1997). The Act provides a limited waiver of sovereign immunity, allowing suits to be brought against governmental agencies only in certain narrowly-defined circumstances. Tex. Dep't of Crimina
Page 1 2 3 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|