Gulf Coast Center v. Curry (Opinion)
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In this personal injury case, the Supreme Court held that a governmental defendant retains its immunity from suit as to a claim that exceeds the applicable damages cap,
Plaintiff was crossing the street when he was hit by a bus driven by an employee of Defendant, the Gulf Coast Center, and sued Defendant for his resulting injuries. Defendant answered, claiming that it was a governmental unit, that it was protected from suit and liability by governmental immunity, and that its liability, if any, was limited by the Texas Tort Claims Act. The jury found Defendant negligent and awarded Plaintiff $216,000. Defendant appealed, arguing that the Act capped its liability at $100,000. The court of appeals affirmed. The Supreme Court reversed, holding that the Act waives a governmental unit's immunity from suit only to the extent the act waives it immunity from liability, and therefore, courts lack jurisdiction to render a judgment that exceeds the applicable damages cap under Tex. Civ. Proc. & Rem. Code 101.023.
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