[Download] "City of Austin v. Rangel" by Texas Fourth District Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: City of Austin v. Rangel
• Author : Texas Fourth District Court of Appeals
• Release Date : January 20, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The City of Austin appeals the district courts order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2005). The City asserts that sovereign immunity bars the negligence claims of the appellee, Olga Rangel. Rangel sued the City after she was injured on a public sidewalk by stepping into an uncovered water meter box. She alleged both premise and special defects under the Texas Tort Claims Act (the "Act"). See id. § 101.022 (West Supp. 2005). The City argues that, whether or not the open meter box constituted a premise defect or a special defect, the district court erred in denying its plea to the jurisdiction. We hold that Rangel failed to establish a waiver of the Citys immunity under the Act because she did not controvert the Citys evidence negating the existence of jurisdictional facts in order to raise a fact issue regarding whether the City knew or should have known of the open meter box. Accordingly, we reverse the district courts order denying the Citys plea to the jurisdiction and dismiss Rangels claims for lack of subject-matter jurisdiction.

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