City of Austin v. Lamas
By Third District, at Austin Texas Court of Appeals
- Release Date: 2004-12-02
- Genre: Law
Description
In this case, we examine a governmental units liability under the Tort Claims Act because of the condition of a stop sign. A tort allegedly occurred when a city bus ran a stop sign that was obscured by tree branches. The City of Austin argues that sovereign immunity bars tort liability unless it had actual notice of the traffic signs condition. See Tex. Civ. Prac. & Rem. Code Ann. 101.060(a)(2) (West 1997). Because Lamas did not plead actual notice and because discovery revealed that the City did not have actual notice of the condition of the sign, the City asserted that the court lacked jurisdiction. The district court denied the Citys plea to the jurisdiction. For the reasons stated below, we affirm the district courts denial of the Citys plea to the jurisdiction.
