City of San Antonio v. Tenorio (Opinion)Annotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the trial court’s denial of the City of San Antonio’s plea to the jurisdiction based on governmental immunity from a suit for damages arising out of a collision between a car and a motorcycle.
In her suit, Plaintiff alleged that City police officers were negligent in engaging in a high speed chase, that the City had actual notice of her claims, and that the City’s immunity was waived by the Texas Tort Claims Act (TTCA). The trial court denied the City’s plea to the jurisdiction. The court of appeals affirmed, concluding that there was a fact issue as to whether the City had actual notice of Plaintiff’s claims. The City appealed, arguing that the court of appeals applied an erroneous standard. The Supreme Court agreed and dismissed the cause for want of jurisdiction, holding that the City did not have actual notice that it was at fault in connection with the collision, as required by the TTCA for the City’s immunity to have been waived. Therefore, the trial court lacked jurisdiction over the claims.