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McLennan County v. Veazey

Because defendant was not using or operating a motor-driven vehicle or motor-driven equipment and because defendant was not liable in his individual capacity, the trial court had no subject matter jurisdiction of the plaintiffs? lawsuit and erred in denying the defendants? plea to the jurisdiction. Further, this jurisdictional defect in the plaintiffs? negligence claims cannot be cured by allowing them to plead additional facts. Waco Court of Appeals, No. 10-08-00324-CV, 03-10-2010

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OPINION

Randolph and Debra Veazey sued McLennan County and Ray Meadows both in his individual and official capacity pursuant to the Texas Tort Claims Act for damage done to a house the Veazeys were having moved. The County and Meadows filed a plea to the jurisdiction and an alternative motion for summary judgment. The trial court granted the summary judgment as to Meadows in his individual capacity. In the same order, the trial court denied the plea to the jurisdiction and alternative motion for summary judgment as to the County and Meadows in his official capacity. The County and Meadows appeal that portion of the order.

On appeal, the County and Meadows argue that governmental immunity was not waived regarding the Veazeys’ cause of action. Because the trial court erred in denying the plea to the jurisdiction, we reverse the trial court’s order and render judgment dismissing the Veazeys’ claims.*fn1

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