BEAUMONT – The Ninth Court of Appeals today affirmed a lower court’s ruling dismissing a man’s personal injury claim against Beaumont Municipal Transit.
The lawsuit was brought by Icy Wade and also named CCL Management as a defendant.
According to his lawsuit, on Aug. 23, 2017, Wade fell at a bus stop while boarding a city bus. Eight months later, Wade’s attorney sent BMT a “Notice of Injury and Claim for Damages.”
In June 2018, Wade sued BMT and CCL Management, alleging the defendants were negligent and responsible for the damages that resulted from his fall.
Court records show CCL Management did not answer the suit and that Wade obtained a default judgment against that company, which CCL Management did not appeal.
As to BMT, Wade alleged it “is a municipal entity subject to the Texas Tort Claims Act.” Wade also alleged he placed BMT “on notice of his claim.”
In response to the suit, BMT filed a plea to the jurisdiction, arguing that it is immune under the TTCA because Wade did not provide a “Notice of Injury” within six months of his fall – a requirement under the Act.
Court records show the trial court signed an order granting BMT’s motion to dismiss, leading Wade to appeal.
On appeal, Wade argued the trial court erred in dismissing his case after finding he failed to place BMT on notice of his claim within six months of the date that he fell.
The Ninth Court found Wade’s argument had no merit.
“In short, the trial court found Wade failed to prove he gave Beaumont Transit formal or actual notice of his claim as required by the Act,” the opinion states. “Under the Act, Wade bore the burden of pleading and proving Beaumont Transit was on notice of his claim.
“Because the trial court’s findings on the jurisdictional issues are reasonable, the judgment is.”
Houston attorney Caldwell Fletcher represents Wade.
BMT is represented by Sugar Land attorney Joseph Heard of Heard & Medack.
Appeals case No. 09-20-00048-CV
Jefferson County Court at Law No. 1 case No. 013208