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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 01-17-00919-CV
Regular Panel Decision
Jul 19, 2018

Texas Department of Transportation v. James Ricky Tarver

The Texas Department of Transportation (TxDOT) appealed the denial of its plea to the jurisdiction and motions for summary judgment in a case brought by James "Ricky" Tarver. Tarver alleged TxDOT negligently failed to maintain a streetlight, causing his vehicle to collide with a dirt embankment and resulting in injuries. TxDOT argued that Tarver failed to provide timely pre-suit notice as required by the Texas Tort Claims Act (TTCA) and that TxDOT lacked actual notice of the claim. Tarver countered that a DPS officer's crash report, which noted a burned-out streetlight, constituted actual notice to TxDOT. However, the appellate court ruled that notice to one governmental unit, such as the Texas Department of Public Safety (DPS), cannot be imputed as actual notice to another separate governmental unit, like TxDOT, under the TTCA unless an agency relationship with a duty to report alleged fault is established. Consequently, the court found that Tarver failed to satisfy the jurisdictional notice requirements for waiving sovereign immunity. The trial court's judgment was reversed, and Tarver's claim against TxDOT was dismissed for lack of jurisdiction.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActActual NoticePre-suit NoticeJurisdictionPlea to the JurisdictionSummary JudgmentNegligenceStreetlight Maintenance
References
20
Case No. 08-18-00017-CV
Regular Panel Decision
Mar 19, 2021

State v. Rafael Navarrette

Rafael Navarrette, a firefighter-EMT, sustained injuries in 2014 after falling from a highway overpass while responding to an accident. He sued the State of Texas and Texas Department of Transportation (TXDOT) for premises liability and negligence under the Texas Tort Claims Act (TTCA). Navarrette's initial claims against TXDOT were dismissed for failure to provide timely statutory notice. He later filed a petition for a bill of review, presenting newly discovered evidence suggesting TXDOT had 'actual notice' of his claim through an area engineer. The trial court denied TXDOT's motion to dismiss the bill of review, leading to this interlocutory appeal. The Court of Appeals reversed, holding that TXDOT's knowledge of the injury and fall was not sufficient to constitute 'actual notice' under the TTCA, as it did not subjectively alert TXDOT to its potential fault as ultimately alleged by Navarrette, thus lacking subject-matter jurisdiction.

Texas Tort Claims ActSovereign ImmunityActual NoticeBill of ReviewPremises LiabilityNegligenceInterlocutory AppealJudicial ReviewGovernmental ImmunityStatutory Notice
References
16
Case No. 04-15-00297-CV
Regular Panel Decision
Sep 23, 2015

Hetul Bhakta DBA Budget Inn v. Texas Department of Transportation and Ballenger Construction Company

Appellant Hetul Bhakta d/b/a Budget Inn sued the Texas Department of Transportation (TxDOT) for flood damage to his property, asserting claims of nuisance, inverse condemnation, and negligent operation of motor-driven equipment. The flooding allegedly resulted from construction work on Highway 281 performed by Ballenger Construction Company. The trial court granted TxDOT's First Amended Plea to the Jurisdiction, dismissing all claims against TxDOT, which TxDOT now seeks to affirm on appeal. TxDOT argues that Bhakta failed to establish a valid waiver of sovereign immunity, contending that the inverse condemnation claim lacks requisite intent, public use, and causation elements, and that the negligence claim under the Texas Tort Claims Act fails because no government employee operated the equipment and there is an insufficient causal nexus. Furthermore, TxDOT asserts that the nuisance claim is dependent on a valid constitutional taking, which Bhakta has not demonstrated.

Inverse CondemnationSovereign ImmunityTexas Tort Claims ActFlood DamageMotor-Driven EquipmentNuisance ClaimContractor NegligencePlea to JurisdictionAppellate ReviewGovernmental Immunity
References
52
Case No. MISSING
Regular Panel Decision

Texas Logos, L.P. v. Texas Department of Transportation

Texas Logos, L.P. sued the Texas Department of Transportation (TxDOT) after losing a contract for highway logo signs to Media Choice. Texas Logos alleged TxDOT exceeded its statutory authority by violating procurement statutes, including instances of fraud and conflicts of interest, and sought declarations under the Uniform Declaratory Judgments Act (UDJA) to void the contract and compel a contested-case proceeding for its protest. Texas Logos also challenged TxDOT's administrative protest rules under the Administrative Procedures Act (APA). TxDOT filed a plea to the jurisdiction, asserting sovereign immunity. The district court granted TxDOT's plea, dismissing Texas Logos's claims against TxDOT. On appeal, the court affirmed the district court's decision, holding that sovereign immunity barred Texas Logos's UDJA claims as they sought to invalidate an existing contract and control state action, which falls outside the scope of merely construing statutory authority. The court also affirmed the dismissal of APA claims regarding the protest rules, deeming them an abstract issue.

Sovereign ImmunityPlea to JurisdictionAdministrative LawDeclaratory Judgment ActProcurement LawCompetitive BiddingStatutory AuthorityUltra ViresContract DisputeGovernment Contracts
References
52
Case No. 07-05-0267-CV
Regular Panel Decision
May 08, 2007

Marion D. Cruse v. Texas Department of Transportation

Marion D. Cruse appealed a summary judgment granted in favor of the Texas Department of Transportation (TxDOT) regarding his claim for workers’ compensation Supplemental Income Benefits (SIBs). Cruse, who suffered a work-related ankle amputation, had his eligibility for SIBs disputed by TxDOT. A Texas Workers' Compensation Commission (TWCC) hearing officer found TxDOT waived its right to contest due to an untimely dispute filing for multiple quarters, a decision affirmed by the Appeals Panel. TxDOT then sought de novo judicial review, and the trial court granted summary judgment, finding no waiver. The Court of Appeals affirmed the trial court's decision, concluding that TxDOT's timely request for a Benefit Review Conference was sufficient under Labor Code § 408.147(b) to avoid waiver, even without expressly identifying all disputed quarters in the request.

Workers' CompensationSupplemental Income BenefitsWaiverSummary JudgmentAppellate ReviewTexas Labor CodeBenefit Review ConferenceTimely DisputeStatutory InterpretationAdministrative Law
References
6
Case No. 03-09-00159-CV
Regular Panel Decision
Jan 29, 2010

Texas Department of Transportation// Texas Weekly Advocate and Dr. Jeffrey White v. Texas Weekly Advocate and Dr. Jeffrey White// Cross-Appellee, Texas Department of Transportation

The Texas Department of Transportation (TxDOT) amended its crash report form, removing a space for driver telephone numbers. Texas Weekly Advocate and Dr. Jeffrey White (Plaintiffs) sued TxDOT under the Administrative Procedure Act (APA) and the Uniform Declaratory Judgments Act (UDJA), arguing that TxDOT failed to comply with proper rulemaking procedures. The trial court granted summary judgment for Plaintiffs on their APA claim, enjoining TxDOT, but dismissed the UDJA claim and denied attorney's fees. On appeal, the court vacated the trial court's APA injunction and dismissed that part of the cause as moot, as TxDOT had subsequently completed the required rulemaking process. Additionally, the Plaintiffs' UDJA claim was deemed moot due to redundancy with the APA claim, and the appellate court affirmed the trial court's denial of attorney's fees, finding no abuse of discretion as the UDJA claim did not substantially broaden the action already provided by the APA.

Administrative Procedure ActUniform Declaratory Judgments ActMootnessAttorney's FeesSummary JudgmentInjunctive ReliefRulemaking ProceduresCrash Report FormTexas Department of TransportationAppellate Jurisdiction
References
10
Case No. MISSING
Regular Panel Decision

Texas Department of Transportation v. City of Sunset Valley

This case involves an appeal by the Texas Department of Transportation (TxDOT) against the City of Sunset Valley and intervenors Terrance Cowan and Donald Hurwitz. The dispute originated from TxDOT's destruction of Jones Road during a highway expansion, leading Sunset Valley to construct a substitute road and seek compensation. The district court ruled in favor of Sunset Valley, awarding damages, declaratory judgments, and an injunction. On appeal, the court reversed the damage award related to the substitute road, remanding it for compensation determination by the General Land Office. It also reversed the declaratory judgment concerning TxDOT's administrative code violations, citing a lack of court jurisdiction. However, the appellate court affirmed the district court's decisions regarding the exclusion of evidence, the standing of intervenors on equal protection claims related to signage and floodlights, and the finding of nuisance caused by TxDOT's high mast floodlights, thereby rejecting TxDOT's sovereign immunity defense for the nuisance claim.

Inverse CondemnationProperty RightsSovereign ImmunityDeclaratory JudgmentAdministrative LawEqual ProtectionNuisanceHighway ExpansionUrban PlanningEnvironmental Regulations
References
29
Case No. 03-07-00002-CV
Regular Panel Decision
Aug 30, 2007

Texas Logos, L.P. v. Texas Department of Transportation, and Michael W. Behrens, Individually, and in His Capacity as Executive Director of the Texas Department of Transportation

Texas Logos, L.P. appealed a district court decision to dismiss its claims against the Texas Department of Transportation (TxDOT) and its executive director, Michael W. Behrens, based on sovereign immunity. Texas Logos challenged TxDOT's award of a logo sign contract to Media Choice/Quorum Media Group, L.L.C., alleging that TxDOT exceeded its statutory authority by violating procurement statutes, favoring Media Choice, and allowing fraudulent information. Texas Logos sought declarations under the Uniform Declaratory Judgments Act (UDJA) to void the contract and TxDOT's denial of its protest, and also challenged the validity of TxDOT's protest rules under the Administrative Procedures Act (APA). The Court of Appeals affirmed the district court's dismissal, ruling that sovereign immunity barred Texas Logos's claims seeking to invalidate an existing state contract or control state action, and that the APA rule challenge was abstract without a justiciable underlying controversy.

Procurement disputeSovereign immunityDeclaratory judgmentUltra viresCompetitive biddingGovernment contractsAdministrative lawJudicial reviewStatutory interpretationTexas law
References
53
Case No. 08-17-00047-CV
Regular Panel Decision
May 15, 2019

Texas Department of Transportation v. Genaro Flores

Genaro Flores sued the Texas Department of Transportation (TxDOT) for age discrimination, and a jury ruled in his favor. TxDOT appealed, contesting the trial court's jurisdiction and the sufficiency of evidence. The Court of Appeals found legally sufficient evidence to support the jury's finding of age discrimination as a motivating factor and that TxDOT's stated reasons for termination were pretextual. The court also upheld the trial court's jury instructions and exclusion of evidence. However, the Court sustained TxDOT's argument against the right to execution, modifying the judgment to remove that language, and affirmed the judgment as modified.

Age DiscriminationTexas Labor CodeEmployment TerminationSovereign ImmunitySufficiency of EvidenceJury InstructionsReinstatement RemedyCompensatory DamagesCourt of AppealsTexas Law
References
49
Case No. MISSING
Regular Panel Decision

Texas Department of Transportation v. Beckner

Beckner, a former employee of the Texas Department of Transportation (TxDOT), was denied supplemental income benefits after an appeals panel affirmed that he had not diligently sought employment. Subsequently, Beckner initiated a lawsuit, prompting TxDOT to file a plea to the jurisdiction, contending that Beckner's petition improperly invoked the court's authority. The appellate court, referencing Dubai Petroleum Co. v. Kazi, affirmed the trial court's decision to deny TxDOT's plea, asserting that the statutory filing deadline is a limitation period, not a jurisdictional prerequisite, and that plaintiffs are entitled to an opportunity to amend deficient pleadings. Additionally, Beckner's motion for appellate sanctions against TxDOT was denied.

Workers' Compensation LawPlea to the JurisdictionSubject Matter JurisdictionAppellate ProcedureStatutory InterpretationLimitations PeriodPleading RequirementsAdministrative RemediesGood Faith Employment SearchTexas Labor Code
References
28
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