Court of Appeals of Texas, Fifth District, Dallas
JANE DOE, INDIVIDUALLY AND AS NEXT FRIEND OF S.D., A MINOR CHILD AND DAUGHTER OF JANE DOE, Appellant
CITY OF DALLAS, Appellee
Appeal from the 160th Judicial District Court, Dallas County,
Texas Trial Court Cause No. DC-17-01045
Justices Bridges, Brown, and Nowell
A. NOWELL JUSTICE
appeal, Jane Doe, individually and as next friend of S.D., a
minor child and daughter of Jane Doe, contends the trial
court erred by granting the City of Dallas's plea to the
jurisdiction and dismissing her claims against the City. The
City's plea to the jurisdiction argued, among other
things, the trial court lacked subject matter jurisdiction
because the City did not receive timely written or actual
notice of Doe's claims as required by the Texas Tort
Claims Act ("TTCA"). Because we conclude the City
did not receive the required notice, we affirm the trial
court's order of dismissal.
sued the City after her minor daughter, S.D., was sexually
assaulted while performing community service at the Umphress
Recreation Center, which the City owns and operates.
supervisor at Umphress instructed her to clean the weight
room and men's restroom. While she cleaned the weight
room, a male patron, later identified as Gerardo Rangel
Segovia, watched and followed her. Before S.D. began cleaning
the men's restroom, which was adjacent to the weight
room, she propped open the door. Segovia followed S.D. into
the men's restroom, removed the door prop, closed the
door, and assaulted her. S.D. did not immediately tell anyone
at Umphress about the incident.
she arrived home, S.D. told her mother, Jane Doe, about the
assault. S.D. and Doe returned to Umphress and talked to
Fabian Ramirez who was managing the center that day. Doe told
Fabian what occurred, and Fabian said he would help find the
perpetrator. Fabian told Doe that the center's security
camera system was not functioning and no one was monitoring
who entered the restroom. Fabian also contacted the police
who talked to Doe and S.D. S.D. provided a description of the
following day when Segovia returned to Umphress, Ramirez
contacted the police who arrested Segovia. Segovia was
indicted for indecency with a child.
testified in her deposition:
Q. Okay. And was it your understanding from your conversation
with Mr. Fabian that he said, I'm going to help you,
because he was trying to help you figure out who the man was
who had assaulted your daughter?
A. Yes, who was the man. Who was the guilty person.
Q. Okay. And was Mr. Fabian helping you try to figure that
A. Yes, to find out who it was, you know. Because if he did
it once, and then he was going to do ...