Dallas Cty v. Nadeau

Full title: DALLAS COUNTY, TEXAS, Appellant v. BRAD ERNEST NADEAU, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 5, 2008

No. 05-07-00236-CV (Tex. App. Feb. 5, 2008)

Opinion

No. 05-07-00236-CV

Opinion issued February 5, 2008.

On Appeal from the County Court at Law No. 2, Dallas County, Texas, Trial Court Cause No. 06-13633-B.

Before Justices MORRIS, BRIDGES, and O'NEILL.

MEMORANDUM OPINION

DAVID L. BRIDGES, Justice.

Dallas County, Texas appeals the trial court's denial of its motion to dismiss and plea to the jurisdiction. In a single issue, Dallas County argues the trial court erred in denying its motion to dismiss and plea to the jurisdiction because Nadeau failed to give notice of his suit under section 89.0041 of the Texas Local Government Code. We affirm the trial court's order denying Dallas County's motion to dismiss and plea to the jurisdiction.

On September 20, 2006, Nadeau filed his original petition asserting claims under the Texas Tort Claims Act against Dallas County. Nadeau's petition alleged he was a passenger in a Dallas County sheriff's van on September 24, 2004, and he was injured when the van struck another vehicle. Dallas County filed a motion to dismiss and plea to the jurisdiction asserting Nadeau failed to give written notice of the lawsuit to the county within thirty days after filing suit, as required by section 89.0041 of the Texas Local Government Code. The trial court denied Dallas County's motion to dismiss and plea to the jurisdiction, and this interlocutory appeal followed.

In a single issue, Dallas County contends the trial court erred in denying its motion to dismiss and plea to the jurisdiction because Nadeau failed to give written notice of suit under section 89.0041 of the Texas Local Government Code. However, this Court has previously held that section 89.0041 is inapplicable to claims brought under the Texas Tort Claims Act. Dallas County v. Coutee, 233 S.W.3d 542, 548 (Tex.App.-Dallas 2007, no pet.). Accordingly, we conclude the trial court did not err in denying Dallas County's motion to dismiss and plea to the jurisdiction. See id. We overrule Dallas County's sole issue.

We affirm the trial court's order denying Dallas County's motion to dismiss and plea to the jurisdiction.