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City of North Richland Hills, Texas v. Laura Friend, Individually and As Personal Representative of

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Argued February 28, 2012

JUSTICE LEHRMANN delivered the opinion of the Court.

In this interlocutory appeal of the denial of the City’s plea to the jurisdiction, we are presented with three questions concerning the application of the Texas Tort Claims Act: (1) whether the election of remedies provisions in section 101.106 require dismissal of this suit; (2) whether the Friends’ claim is one for which the City’s governmental immunity has been waived under section 101.021(2) of the Act; and (3) whether there were sufficient allegations of “conscious indifference or reckless disregard for the safety of others” to satisfy section 101.055(2). Because we hold, in answer to the second question, that the City’s immunity has not been waived for this sort of claim, we do not reach the other two questions. We reverse the judgment of the court of appeals and render judgment for the City.

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