HOUSTON - The First Court of Appeals dismissed an injury lawsuit against the city of Houston yesterday, finding that the city did not have actual notice.
The lawsuit was brought by Solomon Musyimi, who was rear-ended by a HPD patrol vehicle, according to the 14th Court’s opinion.
On appeal, Houston challenged the trial court’s denial of its motion for partial summary judgment, which sought dismissal of appellee Musyimi’s personal injury claim for lack of subject matter jurisdiction.
The city argued that it retains its governmental immunity for the personal injury claim because it did not receive formal or actual notice of the claim as required by section 101.101 of Texas Tort Claims Act for waiver of immunity, the opinion states.
“Musyimi concedes that he did not provide timely formal notice to the City, but he maintains that the City had actual notice of his personal injury claim on the day of the accident,” the opinion states. “Because we hold that the undisputed jurisdictional evidence showed that the City did not have actual notice, we reverse the trial court’s order denying the City’s motion seeking dismissal and render judgment granting the motion and dismissing Musyimi’s personal injury claim.”
Case No. 01-21-00670-CV