Legal Opinion

Brazoria County v. Kym Van Gelder

Texas Court of Appeals, 14th District (Houston)

Decided September 17, 2009No. 14-08-01092-CVPublished

1Opinion of the Court

Reversed and Rendered and Opinion filed September 17, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01092-CV

____________

BRAZORIA COUNTY, Appellant

v.

KYM VAN GELDER, Appellee

On Appeal from the 239th District Court

Brazoria County, Texas

Trial Court Cause No. 44547

O P I N I O N

Brazoria County, the appellant in this interlocutory appeal, asserts governmental immunity against a personal-injury lawsuit filed by the appellee, Kym Van Gelder. Van Gelder alleges that a road bump constitutes a Aspecial defect@ for which the Texas Tort Claims Act (the ATTCA@) waives immunity and that…

2Cases cited33 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. Bland Independent School District v. BlueTexas Supreme Court · 2000
  4. State Department of Highways & Public Transportation v. PayneTexas Supreme Court · 1992
  5. Texas Department of Transportation v. RamirezTexas Supreme Court · 2002

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