Jackson Walker attorneys Jon Mark Hogg and Amanda Crouch obtained a reverse and render decision from the Eighth Court of Appeals in El Paso, Texas, in a lawsuit brought against Crockett County and one of its employees. The case, originated in January 2019 and appealed from the 112th District Court of Crockett County, Texas, resulted from the accidental death of another employee who was run over by a machine operated by our client.
On February 19, 2020, the Eighth Court of Appeals delivered an opinion in favor of Crockett County and the employee’s interlocutory appeal. Justice Yvonne T. Rodriguez authored the opinion, which granted the County’s motion to dismiss filed pursuant to Section 101.106(e) of the Texas Tort Claims Act.
“When a plaintiff chooses to proceed against the governmental entity instead of the public employee in his individual capacity, “section 101.106, effectively conditions the immunity waiver on the plaintiff’s forfeiture of any negligence claims against the employee in his individual capacity” concerning the “same subject matter.” [Emphasis added].”
Because the appellees failed to sue only the employee in his individual capacity for a state-law tort when the suit was first filed, the Court stated the appellees “forfeited all state-law negligence claims” and are “now forever barred from bringing any state-law-tort claim against the individual employee regarding the same subject matter.
Jon Mark represented Crockett County in the appeal, and Amanda wrote the brief on appeal.
Meet Our Team
Jon Mark Hogg is a seasoned litigator in injury and tort cases, civil rights, and employment law. Jon Mark is the only attorney in San Angelo who is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.
Amanda N. Crouch is a commercial litigator who regularly practices in state and federal court. Amanda provides legal solutions to complex problems and tailors strategies to fit each client’s specific needs in a cost-effective manner. She has secured favorable results on issues ranging from non-subscriber, personal injury and premises liability disputes to civil rights, First Amendment claims, and complex oil and gas and probate cases.