HOUSTON - The Fourteenth Court of Appeals has reversed a ruling denying the Texas Department of Transportation’s plea to the jurisdiction in a personal injury lawsuit.
The lawsuit was brought by Reyes Gamez, who sued TxDOT after he was injured when his bicycle hit an uncovered utility box.
Court records show Gamez was traveling along the sidewalk forming part of the frontage road for North 610 Loop East Freeway in Houston when his bicycle hit a hole in the surface of the sidewalk created by an uncovered utility box.
As a result, Gamez sustained a broken right humerus, among other injuries, that required multiple surgical procedures.
TxDOT did not dispute that it maintained the utility box, nor did it dispute that it was uncovered for a significant time. Nevertheless, TxDOT filed a plea to the jurisdiction arguing that sovereign immunity had not been waived for Gamez’s claim based on the application of the recreational use statute and Texas Tort Claims Act.
On Aug. 11, the 14th Court found that the recreational use statute governs Gamez’s claims against TxDOT and required him to establish some evidence of gross negligence or intentional conduct in order for sovereign immunity to be waived by the statute.
“Gamez did not meet that burden; therefore, we reverse the ruling of the trial court and render judgment dismissing Gamez’s claims against TxDOT with prejudice,” the opinion states.
Justices found the record revealed no evidence that TxDOT was aware of the uncovered utility box or that it posed an extreme degree of risk. There was also no evidence that TxDOT conducted its operations in a manner that suggested it did not care about the consequences of a known extreme degree of risk or danger.
“Therefore, Gamez has failed to raise a fact question regarding TxDOT’s alleged gross negligence and falls short of the requirements for the (Texas) Legislature’s limited waiver of sovereign immunity from suit under the applicable statutes,” the opinion states.
“We reverse the trial court’s order denying TxDOT’s plea to the jurisdiction and render the judgment the trial court should have rendered: a judgment dismissing — with prejudice — Gamez’s claims against TxDOT.”
Appeals case No. 14-25-01102-CV
