Houston's First Court of Appeals has rejected a wrongful death claim filed by the widow of a longtime trial court judge who was allegedly exposed to asbestos during remediation at the Jefferson County Courthouse in the mid-1990s.

The case, Jefferson County v. Farris, concerns the death of James Farris, who served as judge of the 317th District Court from 1977 until his retirement in 1996. Farris' widow, Ellarene Farris, provided written notice to the county in 2005 that she intended to sue, less than six months after her husband first showed symptoms of mesothelioma, a lung disease associated with asbestos exposure from which he ultimately died.

Judge James Farris.

Jefferson County opposed Farris' efforts to recover for the death of her husband, arguing for the first time on appeal that her claim should be dismissed because governmental immunity had not been waived in the case. Specifically, the county alleged that it did not receive notice within six months of Judge Farris' last exposure to asbestos in December 1996, as required by the Texas Tort Claims Act.