Legal Opinion

Brazoria County v. Van Gelder

Texas Court of Appeals, 14th District (Houston)

Decided October 8, 2009No. 14-08-01092-CVPublishedCited by 22 opinions

1Opinion of the Court

OPINION

KENT C. SULLIVAN, Justice.

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 “special defect” for which the Texas Tort Claims Act (the “TTCA”) waives immunity and that Brazoria County (the “County”) can also be held responsible under ordinary premises liability for, among other things, choosing a warning sign that mislabels the road “bump” as a “hump.” We hold Van Gelder has failed to invoke the trial court’s subject-matter…

Also in this document: Dissent.

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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3Cited by22 opinions

  1. Texas Department of Transportation v. Olivares, Texas Court of Appeals, 14th District (Houston)2010
  2. Fort Bend County Toll Road Authority v. Olivares, Texas Court of Appeals, 14th District (Houston)2010
  3. Russell v. METRO. TR. AUTH. OF HARRIS CTY., Texas Court of Appeals, 14th District (Houston)2011
  4. City of Houston v. KIJU JOH, Texas Court of Appeals, 14th District (Houston)2012
  5. Texas Department of Transportation v. Perches, Texas Court of Appeals, 13th District2011

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