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Colquitt v. Brazoria County

The Texas Tort Claims Act requires that a governmental unit obtain notice of a claim against it within six months of the incident giving rise to the claim. The Texas Supreme Court has construed this provision as entitling a governmental unit to formal, written notice of a claim within six months of the incident unless it has actual notice. In this case, the suit itself, served on the governmental unit within six months of the incident and containing all the requisite information, constitutes proper notice under the act. Texas Supreme Court, No. 09-0369, 10-6-2010

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The Texas Tort Claims Act requires that a governmental unit obtain notice of a claim against it within six months of the incident giving rise to the claim. TEX. CIV. PRAC. & REM. CODE § 101.101. We have construed this provision as entitling a governmental unit to formal, written notice of a claim within six months of the incident unless it has actual notice. Tex. Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338, 339 (Tex. 2004) (citing Cathey v. Booth, 900 S.W.2d 339, 341 (Tex. 1995) (per curiam). This written notice “must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident.” TEX. CIV. PRAC. & REM. CODE § 101.101(a).

The issue in this case is whether the lawsuit itself, served on the governmental unit within six months of the incident and containing all the requisite information, constitutes proper notice under the Act. The court of appeals concluded it did not and dismissed the case. 282 S.W.3d 582, 587. We conclude that it does and, accordingly, reverse and remand to the trial court.

Glen Colquitt was injured in a fall while working for a private contractor at the Brazoria County jail. Within two months of his accident, Colquitt filed suit against Brazoria County alleging negligence and premises liability. Colquitt served the County with his petition, but he did not otherwise provide separate written notice of his claim.

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