Articles Posted in Government Liability

Which parts of the vehicle can the police search?                           (December 28, 2022) In a previous post, we discussed search and seizure laws pertaining to automobiles. We saw how a warrantless vehicle search must meet two requirements: probable…

Searching a vehicle without a warrant   (December 28, 2022) The United States Supreme Court case Mapp v. Ohio established the historic exclusionary rule, which forbids any evidence collected illegally to be used in court, which is consistent with the fourth amendment that protects against unreasonable search and seizure. However,…

Kids Across San Antonio are Heading Back-to-School                           (August 25, 2022) San Antonio is officially back to school this week. Back to school means busy parents are rushing to drop off their kids before work, and school buses…

The Supreme Court of Texas recently delivered an opinion addressing whether the Texas Public Utility Commission (PUC) has jurisdiction over a negligence case involving a good Samaritan. Here, the deceased was electrocuted while trying to help victims of a crash that caused a power line to fall. The good Samaritan’s…

The Supreme Court of Texas recently released an opinion addressing the state’s recreational use statute (RUS) and governmental immunity laws after a plaintiff sued the University of Texas at Austin for negligence. The plaintiff filed a personal injury claim against the University after an employee struck her with a University-owned…

Recently, the Supreme Court of Texas issued an opinion stemming from a wrongful death lawsuit brought against the City of Killeen, Texas (the “City”). According to the court’s opinion, the victims died after striking an un-barricaded dirt mound on an unlit road in the City. The victims’ relatives filed a…

In May 2019, the state’s high court issued a written opinion in a Texas wrongful death case discussing whether an off-duty officer could be held individually liable after he shot and killed a suspect while attempting an arrest outside the officer’s jurisdiction. Under the state’s election-of-remedies provision of the Texas…

The state’s high court recently ruled in a Texas personal injury case involving the notice requirements in lawsuits against government entities. According to the court’s opinion, two individuals were riding on a motorcycle when they hit a large mound of dirt on an unlit asphalt road in Killeen, Texas. While…

The Texas Supreme Court recently issued an opinion in a Texas personal injury case involving the death of a 19-year-old pregnant woman who fell into a dam near Fort Worth. According to the court’s opinion, the woman tried to walk across the dam when she slipped and fell into the…

Late last month, a state appellate court issued a written opinion in a Texas car accident case requiring the court to determine if the plaintiff’s case against the defendant city should proceed toward trial over the city’s motion for summary judgment. In its motion, the city claimed it was entitled…