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After a car wreck, Gloria Esparza sued the City of Houston, alleging that its employee’s negligence was the cause. She sued the employee, too, but the employee was dismissed from the suit under the Texas Tort Claims Act’s election-of-remedies provision. The trial court denied the City’s plea to the jurisdiction under the same provision, from which the City appeals.*fn1 We issued an opinion on June 9, 2011 in favor of the City. Esparza has moved for rehearing, raising new jurisdictional arguments. We grant rehearing and withdraw our previous opinion. We conclude that the trial court properly denied the City’s plea to the jurisdiction. We therefore affirm the trial court’s order.


Esparza sued the City and its employee, Manuel Espinoza, alleging that Espinoza negligently caused a car accident involving Esparza.*fn2 The City moved to dismiss Esparza’s claims against Espinoza individually, pursuant to section 101.106(e) of the Tort Claims Act.*fn3 It also filed a plea to the jurisdiction, asserting that Esparza’s claims against the City are barred by section 101.106(b) of the Act.*fn4

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