San Antonio Water Sys. v. Smith, 451 S.W.3d 442 (Tex. App.—San Antonio 2014)
Sep 24, 2014OUTCOME: Fourth Court of Appeals affirmed the district court's denial of SAWS' plea to the jurisdiction. SAWS subsequently settled with Plaintiff.
Plaintiff sued San Antonio Water System for injuries she sustained when she fell into a hole on in sidewalk caused by a missing water meter lid. The district court denied SAWS Plea to the Jurisdiction. ... The Fourth Court of Appeals affirmed holding: Attorney Paul Campolo's letter of representation sent to the claims department of city-owned utility (CPS Energy), informing COSA that his client was undergoing medical treatment for injuries sustained when she fell into an uncovered utility hole and stating that a demand would be sent when the details of all her injuries were known, was sufficient notice to the city of the injury claimed, and city's alleged fault, as required to exempt city from immunity under Texas Tort Claims Act (TTCA), in suit seeking damages for personal injuries caused by a premise defect. Actual notice, under Texas Tort Claims Act (TTCA), may be imputed to a governmental unit when an agent or representative of the unit who has a duty to gather facts and report receives notice of an incident. At the same time, governmental entities cannot put on metaphorical blinders and designate only one person in its entire organization through whom actual notice, under Texas Tort Claims Act (TTCA), may be imputed when the facts support that there are other representatives who have a duty to gather facts and investigate on behalf of the governmental entity. In other words, for purposes of the TTCA's notice requirement, notice to the utility is notice to the entire city.
