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City of San Antonio v. Parra11/16/2005
Sitting: Alma L. Lopez, Chief Justice, Catherine Stone, Justice, Phylis J. Speedlin, Justice.
REVERSED; CLAIMS DISMISSED
The City of San Antonio appeals the trial court's order denying its motion to dismiss the negligence claims asserted by Mario Parra. The City asserts that it is immune from Parra's negligence claims under the doctrine of sovereign immunity. We reverse the trial court's order and dismiss Parra's claims against the City for personal injury caused by the use or condition of tangible personal property, negligent supervision and implementation of policy, and general negligence.
Background
Mario Parra injured his leg when he stepped into an open manhole. The nature of his injuries eventually led to the amputation of his leg. Parra sued the City asserting premises liability and negligence claims. The City filed a motion for summary judgment as to the premises liability claim and a motion to dismiss as to the negligence claims. The trial court granted the motion for summary judgment and denied the motion to dismiss.
Standard of Review and Burden of Proof
Sovereign immunity from suit defeats a trial court's subject matter jurisdiction. Texas Dept. of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 225-26 (Tex. 2004). Whether a court has subject matter jurisdiction is a question of law. Id. at 226. If a plea to the jurisdiction challenges the existence of jurisdictional facts, we consider relevant evidence submitted by the parties when necessary to resolve the jurisdictional issues raised. Id. at 227. If the evidence creates a fact question regarding the jurisdictional issue, then the trial court cannot grant the plea to the jurisdiction, and the fact issue will be resolved by the fact finder. Id. at 227-28. However, if the relevant issue is undisputed or fails to raise a fact question, the trial court rules on the plea to the jurisdiction as a matter of law. Id.
After the governmental entity asserts and supports with evidence that the trial court lacks subject matter jurisdiction, the plaintiffs are required, when the facts underlying the merits and subject matter jurisdiction are intertwined, to show that there is a disputed material fact regarding the jurisdictional issue. Id. In reviewing a trial court's ruling, we take as true all evidence favorable to the non-movant. Id. We also indulge every reasonable inference and resolve any doubts in the non-movant's favor. Id.
Recasting of Claim
In Texas Dept. of Parks & Wildlife v. Miranda, the Texas Supreme Court refused to permit a plaintiff to "circumvent the heightened standards of a premises defect claim contained in section 101.022 by recasting the same acts as a claim relating to the negligent condition or use of tangible personal property." 133 S.W.3d at 233. Once a claim is determined to be a premises defect, the claimant is limited to the provisions delineated by the section on premises defects and may not assert a general negligence theory. Id. (citing State v. Estate of Horton, 4 S.W.3d 53, 54 (Tex. App.---Tyler 1999, no pet.)).
Whether a condition is a premises defect is a legal question. Tex. Dept. of Transp. v. Ramirez, 74 S.W.3d 864, 866 (Tex. 2002). A claim which relates to a defect in the condition of real property is a premises defect claim. State v. Estate of Horton, 4 S.W.3d at 54. Real property includes land and generally whatever is erected or growing upon or affixed to land. Miranda, 133 S.W.3d at 229-230. Typically, cases analyzing injuries relating to holes in the land, including injuries caused by an open manhole, uncovered storm sewer and defective drainage lid box, arise in the conte
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