City of Houston v. San Juan Rodriguez Individually and as Next Friend of Juan Rodriguez

Opinion issued May 22, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00196-CV

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The CITY Of houston, Appellant

V

SAN JUANA RODRIGUEZ INDIVIDUALLY AND AS NEXT FRIEND OF JUAN RODRIGUEZ, Appellee

On Appeal from the County Court at Law Number 4

Harris County, Texas

Trial Court Case No. 979,692

CONCURRING OPINION

This Court has already decided the issue presented in this case: whether the Tort Claims Act’s election-of-remedies provision bars a plaintiff’s tort claims against a governmental unit when the plaintiff initially sued both the governmental unit and its…