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City of Jefferson2/11/2005
Leronda Vallery fell as she was walking on a small ramp leading into the City of Jefferson's police department. She had traversed the ramp about once a month for as long as four years when she went to visit her mother, an employee of the police department. Vallery suffered injuries and brought suit against the City. Vallery's suit was in the nature of a premises liability claim.
The City brought a plea to the trial court's jurisdiction asserting that, under the rules of governmental immunity, it could not be held liable for Vallery's injuries. See Tex. Civ. Prac. & Rem. Code Ann. §§ 101.021--.029 (Vernon 1997 & Supp. 2004--2005). In the same motion, the City moved for summary judgment, but subsequently abandoned that motion and asked the trial court to proceed solely on the plea to the jurisdiction. The trial court denied the City's plea to the jurisdiction. The City now appeals and argues there was no subject-matter jurisdiction for two reasons:
(1) The claimant had knowledge of the alleged premises defect; and
(2) There is no evidence that a contemporaneous activity caused the injury.
We affirm.
Vallery's Claim and the Standard of Review
In reviewing a trial court's ruling on a plea to the jurisdiction, we construe the pleadings in favor of the non-movant and look to the non-movant's intent. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). We are not required to look solely to the pleadings when deciding a plea to the jurisdiction; we may consider evidence relevant to jurisdiction when it is necessary to resolve the jurisdictional issue raised. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 555 (Tex. 2000). Whether a trial court has subject-matter jurisdiction is a question of law subject to de novo review. Tex. Natural Res. Conservation Comm'n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002); Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998). Whether a pleader has alleged facts which affirmatively demonstrate a trial court's subject-matter jurisdiction is a question of law reviewed de novo. Likewise, whether undisputed evidence of jurisdictional facts establishes a trial court's jurisdiction is also a question of law. Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 225--26 (Tex. 2004). Therefore, we will review the trial court's order de novo.
In Vallery's second amended petition, she alleged the City's immunity was waived and the City was liable under Tex. Civ. Prac. & Rem. Code Ann. §§ 101.021(2) and 101.0215(a)(3), (16), (25), and (28).
Vallery alleges that her action is brought pursuant to a waiver of governmental immunity. The Texas Civil Practice and Remedies Code provides in pertinent part that a governmental entity is liable for "personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law." Tex. Civ. Prac. & Rem. Code Ann. § 101.021(2). Vallery specifically alleged that "she was injured by a condition of real property which would render a private citizen liable to her for her injuries were they to have occurred on private property, and as a consequence thereof, the City of Jefferson, Texas has waived its sovereign immunity and consented to suit under the Texas Tort Claims Act . . . ."
A court deciding a plea to the jurisdiction is not meant to decide the merits of the case in resolving the jurisdictional question, but is required to make inquiry into the substance of the claims presented to determine subject-matter jurisdiction. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d
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