Real Trial Lawyers for Real Problems

Sovereign Immunity

Plaintiff’s Response to Defendant City of Arlington’s Motion for Summary Judgement and Brief in Support

Barnes v. City of Arlington and Crown Enterprises

This was a premises liability case where Heygood, Orr & Pearson represented the owner of a graphic design company who was driving around a curve in Arlington, Texas where his view was obstructed by overgrown trees and vegetation right next to the roadway. This vegetation blocked his view of an 18 wheeler pulling out from a parking lot just past the vegetation to the right. After rounding the corner and clearing the view obstruction, the owner of the graphic design company was confronted with an 18 wheeler stretched across both lanes. Unable to stop, he collided with the trailer of the 18 wheeler and he suffered significant injuries. Suit was filed against both the owner of the land on which the vegetation was located and also the City of Arlington since the vegetation was on a City dedicated right of way. The City of Arlington filed a motion for summary judgment seeking dismissal from the case claiming that they are entitled to governmental immunity. The below brief was filed by Heygood, Orr & Pearson in opposition to the motion.

Appellee’s Brief

Texas Tech University v Buford

This was a medical malpractice case where Heygood, Orr & Pearson represented the mother of a young girl who was killed by a medication error during a hospitalization for cystic fibrosis. Because the hospital was a government run hospital, the defense filed a plea to the jurisdiction of the court based on sovereign immunity, which the trial court denied. The hospital appealed. The issue on appeal was whether the inappropriate prescription of a dangerous drug constituted misuse of tangible personal property which would be an exception to sovereign immunity. This appellate brief was filed by Heygood, Orr & Pearson on behalf of their client.

Appellant’s Brief

Stewart v. City of Corsicana

This case was a wrongful death case brought against eh City of Corsicana after the Plaintiffs’ young children drowned at an unmarked low water crossing during a torrential rainstorm. The trial court granted the City’s plea to the jurisdiction, finding that the City as protected from suit by sovereign immunity. The brief asserted that the low water crossing was a special defect for which the city was not entitled to sovereign immunity. The court of appeals agreed and reversed and remanded the case. This brief was filed by Heygood, Orr & Pearson on behalf of their client.