IMMUNITY - TEXAS

Gulf Coast Center v. Curry

Supreme Court of Texas - December 30, 2022 - S.W.3d - 2022 WL 17998210

Pedestrian, who while crossing a street was hit by a bus driven by employee of local government agency that provided public transportation to its facilities, brought action against the agency.

Following jury trial, the District Court entered judgment on jury’s finding that agency was negligent and awarded $216,000 in damages. After the denial of its motion to reform the judgment, agency appealed. The Houston Court of Appeals affirmed. Agency petitioned for review

The Supreme Court held that agency was a community center and, therefore, a unit of local government subject to $100,000 cap on damages under the Tort Claims Act.

Agency that provided mental health services was a community center under Health and Safety Code and, therefore, it was a unit of local government subject to $100,000 cap on damages under the Tort Claims Act, for purposes of claim brought against the agency by pedestrian who, while crossing a street, was hit by a bus driven by an agency employee, which was used to provide public transportation to assist agency’s patients in getting to its facilities.



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