In March 2013, James “Ricky” Tarver filed sued TxDOT, alleging that because the governmental entity failed to maintain a street light, he drove his vehicle into a dirt embankment.
On Dec. 29, 2011, Tarver was traveling in Nacogdoches County when he ran a stop sign and drove through an intersection, colliding with the embankment, court and police records show.
In response to the litigation, TxDOT filed a plea to the jurisdiction and a no-evidence motion for summary judgment, seeking dismissal of the lawsuit.
On Nov. 11, the trial court denied the motions, prompting TxDOT to appeal, court records show.
On appeal, TxDOT contended that Tarver’s claim is barred because he failed to provide it with a formal pre-suit notice.
Tarver argued TxDOT had actual notice because of a police officer’s report made following the accident.
The First District Court of Appeals did not agree.
“We hold that Tarver did not adduce evidence that TxDOT was notified of his claim under the TTCA (Texas Tort Claims Act) and thus failed to meet the jurisdictional prerequisite for a waiver of governmental immunity,” states the First Court’s July 19 opinion.
“We reverse the trial court’s order denying TxDOT’s combined amended plea to the jurisdiction and motions for summary judgment and render judgment dismissing Tarver’s claim against TxDOT for lack of jurisdiction.”
TxDOT is represented in part by Attorney General Ken Paxton.
Houston attorney Jeffrey Musslewhite represents the Tarver.
Case No. 01-17-00919-CV