Cases & Developments

Opinion and Order granting Counter-Plaintiff’s Partial Motion for Summary Judgment. Counter-plaintiff, a coach at Quincy University, brought Title IX retaliation, defamation per se, and other tort claims against plaintiff, a former student-athlete who had made unfounded statements to his mother and girlfriend that the coach had a sexual relationship with a female student-athlete. After plaintiff’s mother reported the rumors to the University’s Dean of Students, an investigation followed. Plaintiff’s own Title IX retaliation and state law claims were all dismissed on prior motions. In granting the coach’s motion for summary judgment on liability as to his defamation per se claim, the court found that plaintiff knew at the time he made the statements to his mother and girlfriend that the statements were false, that the coach was married, and that the statements could ruin the coach’s career.  

Opinion affirming dismissal. Plaintiff, a former student in the fire academy at Navarro College, brought negligence claims against the College after an employee sprayed him with water from a fire hose as he and other students posed for a photograph by a fire truck following a family night demonstration of firefighting techniques. The force of the water ruptured his eardrum and caused concussion-like symptoms. In affirming the College’s plea to the jurisdiction, the Court of Appeals of Texas found that the plaintiff could not establish a waiver of the College’s governmental immunity under the Texas Tort Claims Act through the motor-vehicle exception, noting that although the fire truck was a motor vehicle, at the time of the injury it was parked and connected to a fire hydrant rather than functioning as a motor-driven vehicle.   

Memorandum Opinion affirming dismissal. Plaintiff, a former student in the Family Nurse Practitioner (FNP) program at Midwestern State University (MSU), brought contract and state-law discrimination claims against the University after she was dismissed for failure to enroll in required classes. Plaintiff had failed a clinical practicum exam and was required to enroll in a special topics course in order to continue in the program, but she declined to do so due to financial concerns. The Court of Appeals of Texas affirmed the University’s plea to the jurisdiction, finding that plaintiff failed to include exhibits to establish the creation of a contract. It affirmed dismissal of her state-law discrimination claims, noting that she withdrew from the program on her own accord citing financial hardship.   

Opinion affirming summary judgment in favor of the University.  Plaintiff, who slipped on a “liquid substance” in a parking garage at UCLA, sued the University under a California statute providing for “public entity liability for injuries caused by a dangerous condition of public property.”  The trial court granted summary judgment in favor of the University, finding plaintiff’s speculation insufficient to overcome the University’s evidence that the company it hired to inspect the garage twice a day had inspected the area 30 minutes before the incident and found it clean and, accordingly, that the University lacked constructive notice of a dangerous condition.  In affirming, the California Court of Appeals declined to adopt a requirement that public entities inspect parking areas more frequently or that they inspect underneath the vehicles currently parked there.