SCOTX: Tort Claim Act Again Under Scrutiny in Roadway Conversion Case

Kristopher Fraley, a deputy for the Brazos County Sheriff’s Department, had completed mandatory firearm training and was trying to leave the Texas A&M University campus when he ran into trouble at an unlit intersection on the evening of Oct. 18, 2017. Fraley’s car ended up in a drainage ditch at the recently altered junction, and he suffered serious injuries.

Now Fraley is attempting to revive his premises liability suit, arguing that he pleaded facts sufficient to waive the university’s governmental immunity under the Texas Tort Claims Act. Even if his pleadings were insufficient, he should be given the chance to replead his case, Fraley’s lawyer told the Texas Supreme Court Tuesday.