City of Houston v. KIJU JOH

OPINION

SHARON McCALLY, Justice.

Kiju Joh sued the City of Houston under the Texas Tort Claims Act for personal injuries she allegedly sustained after stepping into an uncovered utility hole in a pedestrian crosswalk in downtown Houston, Texas. The trial court denied the City’s plea to the jurisdiction, and this expedited interlocutory appeal ensued. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(8) (West 2008 & Supp.2011). The City argues on appeal that the trial court erred in denying the plea to the jurisdiction because the uncovered utility hole, as a legal matter, cannot constitute a…