In Adams v. City of Dallas, the appellate court considered a car accident allegedly caused by a malfunctioning traffic light. The two people involved in the accident were Clinton Adams and Adeba Ghebrekidan. The latter sued the former and the City of Dallas. Adams counterclaimed against Ghebrekidan and cross-claimed against the City 20 days later.
The City claimed it wasn’t provided with timely written notice of Adams’ lawsuit, and it didn’t have the actual notice required by the Texas Tort Claims Act. The lower court dismissed Adams’ claims against the City.
Adams appealed. The appellate court explained that if the City had sovereign immunity from suit, the lower court would not have subject matter jurisdiction over the case. All plaintiffs bringing lawsuits against governmental entities are required to provide notice to the relevant entity in order to bring a valid lawsuit. Under Texas Civ. Prac. & Rem. Code Ann. § 101.101, a governmental entity is entitled to notice of a claim within six months of the day of the accident described in the claim. However, under § 101.101(c), the notice requirement doesn’t apply if the governmental entity has actual notice of the claimant’s injuries.