HOUSTON - The 14th Court of Appeals recently dismissed a lawsuit against Harris County claiming an elevator door slammed shut on the plaintiff and injured her.
The lawsuit was brought by Blasa Lopez, a self-employed licensed court interpreter who reports to Harris County through the Justice Administration.
According to the 14th Court’s March 30 opinion, on March 25, 2019, Lopez entered the Family Law Center to interpret proceedings. As she entered an elevator, the doors slammed on her, smashing her between the doors.
On September 24, 2019, Lopez filed suit against Harris County, Amtech Reliable Elevator Company of Texas and NAES Central based on premises liability and negligence pursuant to the Texas Tort Claims Act.
In response, Harris County filed a no-evidence and traditional motion for summary judgment and, in the alternative, a plea to the jurisdiction as to both causes of action, alleging that Lopez failed to prove the four elements of her premises liability claim necessary to establish a waiver of immunity under the TTCA because she did not prove that Harris County had actual knowledge of the alleged dangerous condition before the incident occurred, the opinion states.
Harris County additionally asserted that Lopez’s negligence claim should be dismissed because a party asserting a premises defect claim cannot also allege a claim for negligence.
The plea was denied and the county appealed.
Justices found that the evidence submitted does not establish proof that Harris County was actually aware of a defect with the elevator with respect to closing on people.
“Accordingly, we conclude that the trial court erred by denying Harris County’s plea to the jurisdiction and motion for summary judgment because Lopez has not demonstrated that the trial court had subject matter jurisdiction,” the opinion states. “We reverse the trial court’s judgment and render judgment dismissing the negligence and premise liability claims against Harris County for want of jurisdiction.”
Case No. 14-21-00232-CV