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Personal Injury & Tort

Texas 13th Court of Appeals, Personal Injury & Tort, Real Estate

Texas Cordia Construction v. Cantu — Private Government Contractor Cannot Invoke Interlocutory Appeal as “Governmental Unit”; Derivative Sovereign Immunity Fact Question Survives Plea to Jurisdiction

The Thirteenth Court of Appeals dismissed a private contractor’s interlocutory appeal of a denied plea to the jurisdiction because a private LLC is not a “governmental unit” under § 51.014(a)(8); treating the filing as a mandamus petition, the court denied relief because the contractor’s own contract gave it sole responsibility for means and methods of construction, raising a fact question that defeats derivative sovereign immunity — a doctrine the Texas Supreme Court has not yet adopted.

Texas 2nd Court of Appeals, Civil Procedure, Personal Injury & Tort

Allen v. Bell Textron — Plaintiff Who Tells Court He Has No Additional Facts and Won’t Replead Forfeits Chance to Expand Negligence Theories After Special Exceptions Sustained

The Fort Worth Court of Appeals affirmed a take-nothing judgment for Bell Textron after an injured contractor’s counsel stated at a special-exceptions hearing he had no additional facts and would not replead, holding the plaintiff forfeited his opportunity to amend, the narrow jury charge was proper, and any collateral-source evidence error was harmless because the jury found no proximate cause.

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