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City of San Angelo v. Smith

Facts in this case were sufficient to impute to the city knowledge of an injury, its potential liability and the parties' identities; thus, the city had actual notice of the plaintiff's injuries and its potential liability under the Texas Tort Claims Act's notice provisions.

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The City of San Angelo brings this accelerated interlocutory appeal challenging the district court’s denial of its plea to the jurisdiction. In one issue, the City contends that, because appellee Terrell “Terry” Smith failed to comply with the Texas Tort Claims Act’s notice provisions, it did not waive its governmental immunity and the district court lacks subject matter jurisdiction. Holding that the City had actual notice of its alleged liability, we affirm the district court’s order.

BACKGROUND FACTS

Smith, a water treatment equipment salesman, went to the City’s water treatment plant to inspect equipment he previously sold the City. The plant’s superintendent, Donald Johnston, and a sales representative from another company, accompanied Smith on his inspection. While attempting to inspect the equipment, Smith fell into a flocculator tank full of water, injuring his ankle and shoulder. Johnston, who was walking in front of Smith, did not see Smith fall, but turned around after hearing a splash. Johnston and the sales representative pulled Smith out of the tank and arranged for his transportation to the hospital. While at the hospital, Smith asked his brother-in-law, Revis Tyler, to go back to the plant, retrieve his car, and take pictures of the tank and the area around it. The City denied Tyler access to the site. Later that day, Johnston contacted Jim Burrows, claims manager for the City, and reported that Smith had fallen in the tank and possibly injured his ankle. Within a day of Smith’s accident, the City began constructing a rail around the tank.

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