HOUSTON - The 14th Court of Appeals today affirmed a governmental immunity ruling in favor of the Metropolitan Transit Authority of Harris County in a lawsuit brought over a motorcycle injury.
The lawsuit was brought by Jason Kownslar, who asserted a negligence claim based on an alleged special defect.
According to the 14th Court’s opinion, on June 28, 2015, Kownslar was severely injured in a motorcycle accident in downtown Houston because of an alleged defect in the light-rail track.
METRO filed a plea to the jurisdiction seeking dismissal of the special defect claim because the light-rail track in question is not a special defect, the opinion states.
A trial court’s final judgment sustained the transit authority’s plea to the jurisdiction based on governmental immunity. Kownslar appealed and the 14th Court affirmed the ruling.
“We conclude that the evidence before the trial court conclusively proved that the alleged defective condition does not fall within the narrow class of defects that are special defects under section 101.022(b) of the Civil Practice and Remedies Code,” the opinion states. “The plaintiff has not alleged facts sufficient to demonstrate a waiver of the transit authority’s immunity as to another negligence claim, and the plaintiff forfeited the opportunity to replead or amend his petition.”
Justice Margaret Poissant issued a dissenting opinion, finding that based on the evidence before the trial court, the condition of the light-rail track constitutes a special defect.
Case No. 14-20-00839-CV