City of El Paso, Texas v. Holger P. Viel Appeal from County Court at Law No 6 of El Paso County (opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § CITY OF EL PASO, TEXAS, § Appellant, No. 08-16-00177-CV § Appeal from the v. § County Court at Law No. 6 HOLGER P. VIEL, § of El Paso County, Texas Appellee. § (TC# 2014-DCV3195) § JUDGMENT The Court has considered this cause on the record and concludes there was error in that part of the trial court’s order denying Appellant’s plea to the jurisdiction regarding Appellee’s negligent use of tangible personal property claim, general negligence claim, negligent undertaking claim, and punitive damages claim. We therefore reverse that part of the trial court’s order and dismiss those claims for lack of jurisdiction. We conclude there was no error in that part of the trial court’s order denying the plea to the jurisdiction regarding Appellee’s premises defect claim. We therefore affirm that part of the trial court’s order and remand to the trial court for further proceedings on that claim in accordance with the opinion of this Court. We further order that Appellant and Appellee each pay one-half (1/2) the costs of this appeal. This decision shall be certified below for observance. IT IS SO ORDERED THIS 30TH DAY OF JUNE, 2017. GINA M. PALAFOX, Justice Before McClure, C.J., Rodriguez, and Palafox, JJ. 2
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