City of Waco v. Williams

According to the lead opinion, the City of Waco’s immunity from suit is not waived because the Williamses’ petition alleges only an intentional tort. Because I believe Texas law requires that a person intend to cause injury to be liable for an intentional tort and because the Williamses allege the commission of a reckless assault (which is not an intentional tort), I respectfully dissent.

When we review an order granting or denying a plea to the jurisdiction, “[w]e construe the pleadings liberally in favor of the plaintiffs and look to the pleaders’ intent.” Tex. Dep’t of Parks & Wildlife v.…