CITY OF CLEBURNE v. TRUSSELL

No. 10-99-287-CV.

10 S.W.3d 407 (2000)

CITY OF CLEBURNE, Appellant, v. Donna R. TRUSSELL and Edwin E. Trussell, Appellees.

Court of Appeals of Texas, Waco.

January 19, 2000.


Attorney(s) appearing for the Case

W. Andrew Messer, Fletcher & Springer, Dallas, for appellant.

Michael J. Rogers, Michael J. Rogers, P.C., Cleburne, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

BILL VANCE, Justice.

In this interlocutory appeal under section 51.014(8) of the Texas Civil Practice and Remedies Code, we must decide: 1) whether the court properly denied a plea to the jurisdiction, and 2) whether lost wages and loss of earning capacity are "personal injury damages" recoverable under the Texas Tort Claims Act. TEX. CIV. PRAC. & REM.CODE ANN. §§ 51.014(8), 101.021-.025 (Vernon 1997 & Supp.1999).

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