BEAUMONT – The Ninth Court of Appeals recently found merit in Jefferson County’s plea to the jurisdiction argument, dismissing an automobile collision lawsuit with prejudice.
In April 2016, Luis Reyes was injured when a county employee allegedly collided with his vehicle. Two years later, he filed suit under the Texas Tort Claims Act.
The county responded by filing a plea to the jurisdiction, asserting Reyes failed to provide notice to the Jefferson County Commissioners Court.
Judge Baylor Wortham, 136th District Court, denied the plea, prompting the appeal, court records show.
On appeal, Reyes had argued the trial court’s denial was proper because he provided pre-suit notice.
Nonetheless, on Nov. 15 the Ninth Court determined he failed to provide formal written notice.
“We sustain the County’s sole issue on appeal,” the opinion states. “We reverse the trial court’s order denying the County’s plea to the jurisdiction, render judgment in favor of the County, and dismiss Reyes’s claims with prejudice.”
Reyes is represented by Christina Lewis, attorney for the Houston law firm Moyer Lewis & Patton, and Dominique Bartholet of Gomel & Associates.
Assistant Civil Attorney Quentin Price represents the county.
Jefferson County District Court case No. D0201612
Appeals case No. 09-18-00236-CV