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CITY OF WATAUGA v. GORDON

No. 13-0012.

434 S.W.3d 586 (2014)

The CITY OF WATAUGA, Petitioner, v. Russell GORDON, Respondent.

Supreme Court of Texas.

Decided June 6, 2014.

Attorney(s) appearing for the Case

Ramon G. Viada, III , Viada & Strayer, Woodlands, TX, for Amicus Curiae.

Joe C. Tooley , Law Office of Joe C. Tooley, Rockwall, TX, for Petitioner.

Kenneth Peter Trosclair , Wilson, Trosclair & Lovins, PLLC, Dallas, TX, for Respondent.

Justice DeVINE delivered the opinion of the Court.

The Texas Tort Claims Act waives governmental immunity for, among other things, personal injuries allegedly caused by the negligent use of property. TEX. CIV. PRAC. & REM.CODE § 101.021. The Act does not waive immunity when the claim arises out of an intentional tort, however. Id. § 101.057(2). The question in this interlocutory appeal is whether an arrestee's lawsuit against a city for injuries...

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