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Turnbow v. Collingsworth County, Texas

Given the differing purposes underlying �101.101(a) of the Civil Practice and Remedies Code and �89.0041 of the Local Government Code, as well as the differing time frames expressed in each, the two are not in pari materia. So, the former does not displace the latter when tort claims are alleged against a county. Nevertheless, that the legislature did not specify any particular means of affording notice under �89.0041 frees the court to look at the totality of the circumstances to determine whether the purposes underlying the statute were satisfied. Amarillo Court of Appeals, No. 07-08-0263-CV, 12-21-2009

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Opinion

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Bill Turnbow (Turnbow) appeals from an order dismissing his lawsuit. He had sought damages against Collingsworth County, Texas (the County) for injuries suffered as a result of a vehicular accident. The trial court dismissed the cause due to Turnbow’s purported failure to comply with the notice provisions of §89.0041 of the Local Government Code. On appeal, he contends that 1) compliance with the notice provisions of the Civil Tort Claims Act is sufficient, 2) the trial court should not have dismissed the lawsuit because the County’s plea in abatement was not verified, and 3) the trial court erred in not filing findings of fact and conclusions of law. We reverse the order.

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