Lester v. County of Terry, Texas

MEMORANDUM AND ORDER

WOODWARD, District Judge.

The present case is a diversity action before the Court on defendant’s motion to dismiss and defendant’s motion to strike paragraphs III and VII of plaintiff’s first amended original complaint. The motion to dismiss presents a question of first impression under the Texas Tort Claims Act (T.T.C.A.), Tex.Rev. Civ.Stat.Ann. art 6252-19.

Plaintiff was employed on or about September 17, 1971, by defendant, Terry County, Texas, operating a road grader weeding ditches. As plaintiff was attempting to climb upon the road grader, he fell to the ground and…