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Click here for the full text of this decision FACTS:The trial court denied TxDOT’s plea to the jurisdiction, which was based on its failure to receive notice of petitioners’ claim under 101.101 of the Tort Claims Act. The court of appeals reversed and rendered judgment dismissing petitioners’ action. HOLDING:Dismissed. The court of appeals correctly concluded that TxDOT’s knowledge of the accident and the presence of its employees at the scene did not provide TxDOT actual notice of petitioners’ claim within the meaning of 101.101(c). Actual notice under 101.101(c) requires that a governmental unit have knowledge of the information it is entitled to be given under 101.101(a) and a subjective awareness that its fault produced or contributed to the claimed injury. Texas Dep’t of Crim. Justice v. Simons, ___ S.W.3d ___, ___ (Tex. 2004). Petitioners argue that there is other evidence of actual notice. The court cannot determine from the record presented whether TxDOT established its lack of actual notice under Simons. OPINION:Per curiam.

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