File: 070236F - From documents transmitted: 02/05/2008
AFFIRM; Opinion issued February 5, 2008



In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-07-00236-CV
............................
DALLAS COUNTY, TEXAS, Appellant
V.
BRAD ERNEST NADEAU, Appellee
.............................................................
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. 06-13633-B
.............................................................
MEMORANDUM OPINION
Before Justices Morris, Bridges, and O'Neill
Opinion By Justice Bridges
        Dallas County, Texas appeals the trial court's denial of its motion to dismiss and plea to the jurisdiction. In a single issue, Dallas County argues the trial court erred in denying its motion to dismiss and plea to the jurisdiction because Nadeau failed to give notice of his suit under section 89.0041 of the Texas Local Government Code. We affirm the trial court's order denying Dallas County's motion to dismiss and plea to the jurisdiction.
        On September 20, 2006, Nadeau filed his original petition asserting claims under the Texas Tort Claims Act against Dallas County. Nadeau's petition alleged he was a passenger in a Dallas County sheriff's van on September 24, 2004, and he was injured when the van struck another vehicle. Dallas County filed a motion to dismiss and plea to the jurisdiction asserting Nadeau failed to give written notice of the lawsuit to the county within thirty days after filing suit, as required by section 89.0041 of the Texas Local Government Code. The trial court denied Dallas County's motion to dismiss and plea to the jurisdiction, and this interlocutory appeal followed.
        In a single issue, Dallas County contends the trial court erred in denying its motion to dismiss and plea to the jurisdiction because Nadeau failed to give written notice of suit under section 89.0041 of the Texas Local Government Code. However, this Court has previously held that section 89.0041 is inapplicable to claims brought under the Texas Tort Claims Act. Dallas County v. Coutee, 233 S.W.3d 542, 548 (Tex. App.-Dallas 2007, no pet.). Accordingly, we conclude the trial court did not err in denying Dallas County's motion to dismiss and plea to the jurisdiction. See id. We overrule Dallas County's sole issue.
        We affirm the trial court's order denying Dallas County's motion to dismiss and plea to the jurisdiction.


                                                          
                                                          DAVID L. BRIDGES
                                                          JUSTICE

070236F.P05



File Date[02/05/2008]
File Name[070236F]
File Locator[02/05/2008-070236F]