Sheree Freeman and Phillip Freeman v. City of Waxahachie, Texas

Summary

The Tenth Court of Appeals affirmed the trial court’s grant of the City of Waxahachie’s plea to the jurisdiction in a premises-liability action arising from injuries allegedly caused by a defective drainage inlet. The court held that the appellants failed to provide notice within the 60-day period required by the City’s charter and did not establish incapacity, equitable estoppel, or actual notice sufficient to excuse the deficiency. The court overruled the appellants’ sole issue and did not reach the remaining governmental-immunity arguments.

Holdings

1. The City's charter provision requiring written notice within sixty days was a valid and enforceable jurisdictional prerequisite to suit.
2. The Freemans' evidence concerning Sheree Freeman's injuries, immobility, medication, and dependence on her husband did not raise a fact question excusing the untimely notice.
3. The City did not have actual notice sufficient to excuse the Freemans' untimely written notice.

Questions Presented

1. Whether the City charter's sixty-day pre-suit notice requirement was unconstitutional under the Texas Constitution's Open Courts Clause.
2. Whether Sheree Freeman's alleged incapacity raised a fact question excusing compliance with the sixty-day notice requirement.
3. Whether the City had actual notice of the claim sufficient to excuse written pre-suit notice under the Texas Tort Claims Act.
4. Whether the trial court properly granted the City's plea to the jurisdiction.

Disposition

affirmed