Cuddy v. Texas Department of Corrections

J. CURTISS BROWN, Chief Justice.

Plaintiff’s personal injury suit against the Texas Department of Corrections was dismissed on the pleadings alone pursuant to a plea in abatement based on governmental immunity. The contention on appeal is that this case came within the parameters of permissible recovery allowed by the Texas Tort Claims Act.

Walter Cuddy, (Cuddy or appellant), a prisoner in the Huntsville Division of the Texas Department of Corrections (appellee or TDC), was injured while engaged on a work project clearing certain paths in the Huntsville State Park. The work required the…