Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of May 1, 2014

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

City of Keller v. Hall, No. 02-12-00061-CV -Opinion, 02-12-00061-CV -Dissent (May 1, 2014) (Dauphinot, J.; Walker, J., concurs without opinion; Gabriel, J., dissents with opinion).

Held: Because the City failed to establish as a matter of law that it did not know that its acts would cause flooding on the Hall property or that it did not know that the damage was substantially certain to result, the trial court did not err by denying the City's plea to the jurisdiction.

Dissent: Because the homeowners failed to raise a genuine issue of material fact that the City knew increased flooding on the homeowners' property was substantially certain to occur as a result of its project, the trial court erred by denying the City's plea to the jurisdiction.

 

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