HOUSTON -- The Metropolitan Transit Authority of Harris County filed a complaint April 9 in the First District Court of Appeals Texas against Adan Garza, alleging error by the trial court.
However, the appeals court upheld the trial court’s decision to dismiss Metro’s plea and affirmed the trial court’s order.
According to court documents, on Nov. 3, 2015, Garza says he was driving his car northbound on Gulf Freeway while Leo Orville was driving a Metro bus eastbound on South Lockwood Street. The suit says Orville failed to stop at a red light traffic signal, causing Garza to swerve, strike a traffic control box and sustain injuries.
Garza then sued Metro for negligence, alleging Orville failed to maintain a proper lookout, the main reason that the accident occurred, in addition to failing to obey the traffic light. Garza sought damages for medical expenses, physical pain, mental anguish and impairment.
Metro filed a plea, asking that the defendant’s suit be dismissed. Metro argued the trial court did not have jurisdiction over the defendant’s claim as Garza had failed to declare his personal injury claim within six months of the incident which is required by TTCA.
Metro alleged Garza did not give notice of his injury until 10 months after the collision when his counsel sent a letter to Metro. The letter, Metro alleged, does not constitute a formal notice because it lacked important information, including the police report of the incident as well as the safety supervisor’s and bus driver’s reports, which made no statements of injuries at the scene.
Although Garza alleged that he did give Metro timely notice of his claims, Metro argued that the trial court made an error in denying its plea, as Garza did not present evidence in his complaint. Metro also alleged that Garza's failure to provide evidence qualifies as a failure to meet the substantive requirements as the police report makes no mention on injuries.
Court of Appeals First District of Texas case number 01-18-00408-CV