Opinion By Justice Bridges
Dallas County, Texas
appeals the trial court's denial of its motion to dismiss and plea to the jurisdiction. In a single issue, Dallas
County argues the trial court erred in denying its motion to dismiss and plea to
the jurisdiction because Nadeau failed to give notice of his suit under section
89.0041 of the Texas Local Government Code. We affirm the trial court's order
denying Dallas County's motion to dismiss and plea to the
jurisdiction.
On September 20, 2006,
Nadeau filed his original petition asserting claims under the Texas Tort Claims Act against Dallas County. Nadeau's petition
alleged he was a passenger in a Dallas County sheriff's van on September 24,
2004, and he was injured when the van struck another vehicle. Dallas County
filed a motion to dismiss and plea to the jurisdiction asserting Nadeau failed
to give written notice of the lawsuit to the county within thirty days after
filing suit, as required by section 89.0041 of the Texas Local Government Code.
The trial court denied Dallas County's motion to dismiss and plea to the
jurisdiction, and this interlocutory appeal followed.
In a single
issue, Dallas County contends the trial court erred in denying its motion to dismiss and plea to the jurisdiction because Nadeau
failed to give written notice of suit under section 89.0041 of the Texas Local
Government Code. However, this Court has previously held that section 89.0041 is
inapplicable to claims brought under the Texas Tort Claims Act. Dallas County
v. Coutee, 233 S.W.3d 542, 548 (Tex. App.-Dallas 2007, no pet.).
Accordingly, we conclude the trial court did not err in denying Dallas County's
motion to dismiss and plea to the jurisdiction. See id. We overrule
Dallas County's sole issue.
We affirm the trial
court's order denying Dallas County's motion to dismiss and plea to the jurisdiction.
DAVID L.
BRIDGES
JUSTICE
070236F.P05
File Date[02/05/2008]
File Name[070236F]
File
Locator[02/05/2008-070236F]