IMMUNITY - TEXAS

Reyes v. Jefferson County

Supreme Court of Texas - April 17, 2020 - S.W.3d - 2020 WL 1898542 - 63 Tex. Sup. Ct. J. 786

Motorist brought action against county under Texas Tort Claims Act (TTCA) for injuries he allegedly sustained when county police officer collided with motorist’s automobile.

The District Court denied county’s plea to the jurisdiction. County filed interlocutory appeal. The Court of Appeals reversed. Motorist petitioned for review.

The Supreme Court held that county had actual notice of action, and thus motorist was not required to provide notice under TTCA.

County had actual notice of motorist’s personal injury action against county, and thus motorist was not required to provide notice of claim to county to bring action under Texas Tort Claims Act (TTCA), arising out of police officer’s collision with motorist; even if county did not believe it was liable after investigation by its authorized claims administrator, motorist’s communication with administrator, coupled with administrator’s acknowledgment, investigation, and denial of his claim, established county’s subjective awareness that motorist was claiming county was at fault in manner ultimately alleged in lawsuit.



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