Case law

Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

476 S.W.3d 612 · Court of Appeals of Texas · Sep 1, 2015

Accordingly, the Church has not conclusively established its entitlement to summary judgment on the affirmative defense of immunity under chapter 103. We sustain Shannon’s first issue. IV. … When the facts and circumstances are admitted or clearly established, however, the question becomes one of law.

Kaufman County v. Combs

393 S.W.3d 336 · Court of Appeals of Texas · Jul 31, 2012

Governmental immunity from suit deprives the trial court of subject matter jurisdiction over claims against governmental entities unless the party suing the governmental entity establishes the State’s consent to the suit. … Although there may be rare situations involving “extraordinary factual circumstances” where courts might recognize a waiver of immunity by conduct, such waiver by conduct is clearly the exception to the general rule, has

University of Texas Southwestern Medical Center at Dallas v. Gentilello

260 S.W.3d 221 · Court of Appeals of Texas · Jul 18, 2008

Sovereign immunity includes two distinct principles, immunity from suit and immunity from liability. Miranda, 133 S.W.3d at 224 . … However, cases decided under the tort claims act are clearly distinguishable because of the specific waiver of immunity from suit found in that act.

Dillard v. Austin Independent School District

806 S.W.2d 589 · Court of Appeals of Texas · Mar 20, 1991

VII, § 1 (1955) establishes the matter of public education as a governmental function for all purposes). 5 AISD is not immune from suit, however, as the legislature has consented to suits against independent school districts … Our research reveals that all of the supreme court cases addressing this issue, however, involve either municipalities or the existence of a contract, and we decline to deviate from the established rule immunizing a governmental

Peter J. Paske, Jr. v. Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of City of Missouri City, and the City of Missouri City, Texas

499 S.W.3d 465 · Court of Appeals of Texas · Jun 23, 2016

However, governmental immunity will bar an otherwise proper declaratory- judgment claim that will have the ultimate effect of establishing a right to relief against a governmental entity for which the Legislature has not … waived immunity.

King v. Brenham Automobile Co.

145 S.W. 278 · Court of Appeals of Texas · Feb 21, 1912

The charge is open to the attack made upon it; for the court, after disjunctively stating the circumstances under which appellant should recover, qualifies each one by stating, “if you do not find from the evidence that plaintiff … The charge was clearly erroneous.

City of Houston, Annise D. Parker, Kelly Dowe, Ronald C.Green, Brenda Stardig, Jerry Davis, Ellen Cohen, Dwight Boykins, Dave Martin, Richard Nguyen, Oliver Pennington, Ed Gonzalez, Robert Gallegos, Mike Laster, Larry Green, Stephen Costello v. Houston Municipal Employee Pension System

513 S.W.3d 114 · Court of Appeals of Texas · Nov 22, 2016

HMEPS and its board answered and, among other defenses, likewise pleaded immunity from suit and from liability. It is the City’s immunity at issue here. … A proven violation of a contribution duty clearly imposed on the City by article 6243h can lie in mandamus.

Texas Southern University v. Federal Sign

889 S.W.2d 509 · Court of Appeals of Texas · Nov 17, 1994

Here, we are concerned with the State’s immunity from suit, not its immunity from liability. *512 Federal argues that the state legislature has waived immunity from suit in the instant case because of its enactment of Education … Section 106.38 simply establishes venue for suits that might arise and the proper agents for service of process. We cannot say that the language clearly gives legislative consent to sue TSU.

City of Dallas v. Arredondo

415 S.W.3d 327 · Court of Appeals of Texas · Aug 13, 2013

They alleged that the City breached the Ordinance by failing to “maintain the established percentage pay differentials between the grades” in all future salary adjustments. … When construed together, we conclude that they established the “compensation” or “price to be paid.”

Adkins v. Furey

2 S.W.3d 346 · Court of Appeals of Texas · May 19, 1999

This is clearly another issue for the jury to decide. C. … We do not think that his employment, for purposes of immunity, could be established on the basis of an allegation in the plaintiffs’ previous pleadings when UTHSC denied Adkins was its employee.

Kleven v. Texas Department of Criminal Justice-Institutional Division

35 S.W.3d 112 · Court of Appeals of Texas · Nov 29, 2000

In its Motion to Dismiss, TDCJ contended that it is immune from Eleven’s suit under the doctrine of sovereign immunity and that its immunity has not been waived under the Texas Tort Claims Act. … In Lehmann , the court of appeals held that Mafrige established a bright line rule making a judgment containing Mother Hubbard language a final judgment for purposes of appeal. Id. at 417.

Driskill v. State

779 S.W.2d 945 · Court of Appeals of Texas · Oct 26, 1989

The pleadings of a suit brought under the Act must name as defendant the governmental unit against which liability is to be established. TEX.CIV.PRAC. & REM. CODE ANN. sec. 101.102(b). … The State contends the Driskills cannot establish Cearnal “would be” liable because Cearnal is no longer liable due to the settlement with and release by the Driskills.

Rodriguez-Escobar v. Goss

392 S.W.3d 142 · Court of Appeals of Texas · Apr 15, 2010

Official Immunity By his second issue, Dr. Escobar argues that he conclusively established his entitlement to the affirmative defense of official immunity. … The trial court granted summary judgment for the psychiatrist, determining that he had conclusively established the doctrine of official immunity. Id.

Town of Flower Mound v. Rembert Enterprises, Inc.

369 S.W.3d 465 · Court of Appeals of Texas · Mar 1, 2012

When a governmental entity such as Flower Mound enters into a contract, it waives immunity from liability but does not waive immunity from suit unless the legislature has clearly and unambiguously waived the governmental … would have the effect of establishing a right to relief against the governmental entity for which governmental immunity has not been waived.

Twyman v. Twyman

790 S.W.2d 819 · Court of Appeals of Texas · Jun 27, 1990

William complains the evidence was insufficient to establish that Sheila’s emotional response rose to the level of mental anguish necessary to prove a negligent infliction of emotional distress claim. … The issue was clearly before the Court in Price .

Maxwell v. Texas Department of Transportation

880 S.W.2d 461 · Court of Appeals of Texas · Aug 17, 1994

Because the Department has established its immunity based on section 101.056(2), we overrule the first point of error. … When an appellee, such as the Department, has conclusively established that it cannot be held liable because of governmental immunity, any facts relating to its liability are immaterial. Eakle, 815 S.W.2d at 877 .

Abilene State School v. Slaughter

546 S.W.2d 106 · Court of Appeals of Texas · Jan 6, 1977

Insofar as this school district is concerned, the State has waived sovereign immunity only for damages resulting where *108 a motor vehicle is involved. … The rationale of this rule was developed many years ago and was clearly enunciated by the court in Gaines v.

Sarmiento v. City of Corpus Christi

465 S.W.2d 813 · Court of Appeals of Texas · Mar 25, 1971

Therefore, at the time of the occurrence, the City of Corpus Christi was charged by law with the control and direction of traffic at this intersection, clearly a governmental function. … We do not believe it a part of our function to undertake to change a rule so long established by our Supreme Court. Meska v. City of Dallas, supra; Mayes v.

Gray v. City of Orange

601 S.W.2d 100 · Court of Appeals of Texas · May 15, 1980

the basis of this suit, the city was not carrying worker’s compensation insurance nor had it qualified as or became a self-insurer, pursuant to Tex.Rev.Civ.Stat. … Terrell, 588 S.W.2d 784 (Tex.1979); Greenhill and Murto, “Governmental Immunity,” 49 Tex.L.Rev. 462, 472 (1971).

Arndt v. Pinard Home Health, Inc.

495 S.W.3d 57 · Court of Appeals of Texas · Feb 18, 2016

Suits against employees of a state agency in their official capacity generally are barred by sovereign immunity absent a waiver of sovereign immunity. See City of El Paso v. Heinrich; 284 S.W.3d 366, 380 (Tex.2009). … (g) All records shall be kept and maintained as to establish clearly the correctness of all reports which the employing unit is required to file with the Agency and shall be readily accessible to authorized representatives