Jeffery Oswalt and Taylor Oswalt v. Hale County, Texas

Citation: Not availableDocket: 07-21-00050-CV

Court: Court of Appeals of Texas; January 9, 2022; Texas; State Appellate Court

Original Court Document: View Document

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Jeffery and Taylor Oswalt sued Hale County, Texas, for personal injury and property damage resulting from a collision with Hale County Deputy Sheriff Alvaro Gonzalez. Hale County filed a plea to the jurisdiction, claiming it had no actual notice of the personal injury or property damage and that the Oswalts failed to provide timely formal notice as required under the Texas Tort Claims Act. The trial court granted Hale County's plea regarding the personal injury claims but denied it concerning the property damage claim. Both parties appealed the trial court's order.

The accident occurred on June 7, 2019, when Deputy Gonzalez, driving a county vehicle, collided with the Oswalts' trailer while they were on the access road of Interstate 27. Although the trailer sustained damage, there were no injuries reported at the scene, and the trailer's registration was incomplete, leading the Texas Department of Public Safety to list Brac McKinney as the owner in the accident report. 

The Oswalt's appeal raises two issues: first, they argue that Hale County had actual knowledge of the property damage, satisfying the notice requirements under the Texas Civil Practice and Remedies Code; second, they assert that any ownership dispute over the trailer is a factual issue for trial. Conversely, Hale County contends that the trial court erred in denying its plea concerning the property damage claim.

The court noted that governmental units typically enjoy immunity from damage claims unless a legislative waiver exists. It emphasized that the plaintiff must affirmatively establish jurisdiction by demonstrating a valid waiver of immunity, as immunity affects the subject matter jurisdiction of the trial court and can be asserted in a plea to the jurisdiction.

Courts evaluate whether a plaintiff has met their burden by considering the facts alleged and any pertinent evidence. Under the Texas Tort Claims Act (TTCA), immunity from suit is waived for negligent acts causing property damage or personal injury related to motor vehicle use, provided certain notice requirements are met. Specifically, the plaintiff must notify the governmental entity of the claim within six months of the incident (TEX. CIV. PRAC. REM. CODE ANN. 101.101(a)). However, if the governmental entity has actual notice of the injury or property damage, formal notice is not required (101.101(c)). Actual notice necessitates knowledge of the injury or damage, the governmental unit's fault, and the parties involved, meaning the governmental unit must possess the same information it would have obtained through formal notice (Cathey v. Booth, 900 S.W.2d 339, 341). Merely knowing that an accident occurred does not suffice for actual notice. The notice requirement is jurisdictional; without timely notice, the governmental entity retains its immunity from suit (City of San Antonio v. Cervantes, 521 S.W.3d 390, 393). Adequate notice is generally a legal question, but disputed evidence of actual notice creates a fact issue. The Oswalts contest the trial court's acceptance of Hale County's plea to the jurisdiction regarding their personal injury claims, arguing that Hale County had actual notice of their property damage, which they believe satisfies the notice requirement, despite conceding they did not provide timely written notice. They interpret subsection 101.101(c) as providing that knowledge of either injury or property damage suffices for actual notice.

Hale County's awareness of property damage alone does not constitute actual notice to waive immunity regarding the Oswalts' personal injury claims. The Oswalts failed to notify Hale County of any injuries at the time of the accident, with their first indication of injuries occurring on December 11, 2019, through their attorney's written notice. The trial court granted Hale County's plea to the jurisdiction concerning these personal injury claims. The situation parallels the case of Cervantes, where a sheriff involved in an accident did not formally notify the city of his injuries until nearly two years later. The court ruled that the city's knowledge of property damage did not suffice for actual notice of personal injury claims. It emphasized that the governmental unit must be informed of the claimant's injury, not merely aware of property damage. Consequently, because Hale County was not informed of the Oswalts' personal injury claims timely, the trial court's decision to grant the plea was upheld. The Oswalts cited a contrasting ruling in City of Wichita Falls v. Jenkins, where the court found that actual notice existed due to detailed accident reports, but this did not apply to their case.

The court determined that although the plaintiffs did not report injuries at the accident scene, the crash report met the notice requirements to establish the trial court's jurisdiction over their claims. The court rejected the Jenkins rationale, stating that mere notice of an accident causing property damage is insufficient for a governmental unit to prepare for potential personal injury claims. The Texas Supreme Court has ruled against imposing a duty of further inquiry on governmental units regarding the nature of claims beyond what they already know. The court emphasized that statutory waivers of sovereign immunity must be interpreted narrowly, requiring clear legislative intent. The Oswalts' interpretation, that property damage notice implies personal injury notice, is overly broad. The distinction between property damage and personal injury claims is significant for assessing financial exposure, supporting the need for prompt and specific notice to allow governmental units to investigate and budget accordingly. Consequently, the trial court did not abuse its discretion in granting Hale County's plea regarding the Oswalts' personal injury claims.

Regarding the Oswalts' property damage claim, Hale County argued that the crash report identified Brac McKinney as the trailer owner, not the Oswalts, indicating a lack of actual notice of their claim. The Oswalts countered that the ownership dispute is a factual issue for determination. However, since the Oswalts failed to provide timely formal notice of their claims, the court focused on whether Hale County had actual notice of the property damage claim, which hinged on the information provided in the crash report. Actual notice requires the same knowledge as would be provided through written notice under the Texas Tort Claims Act.

Hale County acknowledges its responsibility for causing an accident that resulted in property damage but disputes the ownership of the damaged trailer. The DPS crash report identifies Brac McKinney as the trailer's owner, yet testimony from Gonzalez indicates that he caused damage to the Oswalts’ property. Additionally, Jeffery Oswalt's statements about attempting to register the trailer at the accident scene suggest he may own it. This conflicting evidence creates a dispute over ownership, leading to a question of fact regarding Hale County's actual notice of the claim. As such, the trial court correctly denied Hale County's plea to the jurisdiction, affirming that a material factual issue exists regarding the Oswalts’ property damage claim.