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FT. WORTH TRANSP AUTHORITY v. RODRIGUEZ

No. 16-0542.

547 S.W.3d 830 (2018)

FORT WORTH TRANSPORTATION AUTHORITY, McDonald Transit Associates, Inc., McDonald Transit, Inc., and Leshawn Vaughn, Petitioners, v. Michele RODRIGUEZ and New Hampshire Insurance Company, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: April 27, 2018.

Rehearing Denied June 22, 2018.

Attorney(s) appearing for the Case

Timothy G. Chovanec , Mark G. Creighton , Fort Worth, TX, for Fort Worth Transportation Authority, McDonald Transit, Associates, Inc., McDonald Transit, Inc., and Leshawn Vaughn.

John V. Fundis , Dallas, TX, J. Mark Sudderth , for Michele Rodriguez and New Hampshire Insurance Company.

Janith Lewis-Bryant , and John Scott Carlson , Dallas, TX, for Amicus Curiae Dallas Area Rapid Transit.

Justice Green delivered the opinion of the Court in which Chief Justice Hecht, Justice Guzman, Justice Devine, and Justice Brown joined.

In this statutory-construction case, we must interpret the damages-cap and election-of-remedies provisions of the Texas Tort Claims Act (TTCA) with respect to independent contractors performing essential governmental functions. After a pedestrian was struck and killed by a public bus in Fort Worth, her daughter sued the Fort Worth Transportation Authority (FWTA), its two independent contractors, and the bus driver under the TTCA...

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