HOUSTON - The First Court of Appeals today reversed a ruling dismissing a wrongful death lawsuit against Harris County, permitting the plaintiff to amend the complaint.
The lawsuit was brought by Mattie Jones, individually and as representative of the estate of Alvin Jones.
Mattie’s husband, Alvin, relied on a wheelchair for mobility and died after he was struck by a vehicle while crossing a Harris County road.
According to the plaintiff, Alvin was attempting to cross an intersection. After crossing, he was unable to exit a crosswalk due to the absence of a ramp or curb cutback and was forced to continue down a poorly lit stretch of road until the next driveway. Before he was able to reach the closet driveway and exit the street, he was struck by a vehicle and succumbed to his injuries 48 hours later.
Court records show the county filed a combined answer and plea to the jurisdiction, asserting Mattie had not alleged facts demonstrating a valid waiver of its governmental immunity under the Texas Tort Claims Act.
Without a hearing and before discovery, the trial court granted the plea to the jurisdiction and dismissed her claims against the county, the First Court’s opinion states.
“Because we conclude the issue is one of pleading sufficiency and not an incurable jurisdictional defect, we reverse and remand for Jones to amend her petition,” the opinion states.
Case No. 01-20-00700-CV