Rosales v. Brazoria Cnty., 764 S.W.2d 342 (Tex. App. 1989). · Go Syfert
Rosales v. Brazoria Cnty., 764 S.W.2d 342 (Tex. App. 1989). Cases Citing This Book View Copy Cite
“actual notice was imputed to the county, because it came to the officers of the sheriff's department as representatives of the county at a time when they were charged with a duty to gather the facts surrounding the accident and to report to the county, by way of internal report.”
53 citation events (22 in the last 25 years) across 1 distinct court.
Strongest positive: Education Service Center, Region Ii v. Rose Marikudi and Jessy Peechatukudiyil (texapp, 2010-04-01)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 25 distinct citers.
examined Cited as authority (verbatim quote) Education Service Center, Region Ii v. Rose Marikudi and Jessy Peechatukudiyil (2×) also: Cited "see"
Tex. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
actual notice was imputed to the county, because it came to the officers of the sheriff's department as representatives of the county at a time when they were charged with a duty to gather the facts surrounding the accident and to report to the county, by way of internal report.
examined Cited as authority (verbatim quote) Education Service Center, Region Ii v. Rose Marikudi and Jessy Peechatukudiyil (2×) also: Cited "see"
Tex. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
actual notice was imputed to the county, because it came to the officers of the sheriff's department as representatives of the county at a time when they were charged with a duty to gather the facts surrounding the accident and to report to the county, by way of internal report.
discussed Cited as authority (rule) City of Wichita Falls v. Jenkins
Tex. App. · 2010 · confidence medium
See Harris County v. Dillard, 841 S.W.2d 552, 557-58 (Tex.App.Houston [1st Dist.] 1992) (holding that accident report can suffice as notice to municipality), rev’d on other grounds, 883 S.W.2d 166 (Tex.1994); Rosales v. Brazoria County, 764 S.W.2d 342, 343-45 (Tex.App.-Texarkana 1989, no writ) (same); City of Galveston v. Shu, 607 S.W.2d 942, 945-46 (Tex.Civ.App.-Houston [1st Dist.] 1980, no writ) (same).
cited Cited as authority (rule) texapp 2008
Tex. App. · 2008 · confidence medium
Rosales v. Brazoria County , 764 S.W.2d 342, 345 (Tex. App.–Texarkana 1989, no writ).
cited Cited as authority (rule) Texas Department of Transportation v. Edgar Jones Alice Jones Walter Merkel Mary Ellen Merkel And Mona Loraine Odom
Tex. App. · 2003 · confidence medium
In Rosales v. Brazoria County, Rosales filed a third-party contribution claim against the county. 764 S.W.2d 342, 343 (Tex. App.—Texarkana 1989, no writ).
cited Cited as authority (rule) Texas Department of Transportation v. Edgar Jones Alice Jones Walter Merkel Mary Ellen Merkel And Mona Loraine Odom
Tex. App. · 2003 · confidence medium
In Rosales v. Brazoria County , Rosales filed a third-party contribution claim against the county. 764 S.W.2d 342, 343 (Tex. App.--Texarkana 1989, no writ).
discussed Cited as authority (rule) Crane County v. Saults
Tex. App. · 2003 · confidence medium
See Smith, 69 S.W.3d at 307 (stating that a governmental unit has actual notice if it could ascertain its potential liability because it was obviously at fault or by conducting a further investigation); see also Mutrux v. Cameron County, 809 F.Supp. 510, 512 (S.D.Tex.1992) (holding that governmental unit had actual notice because it conducted thorough investigation of inmate suicide); McDonald v. State, 936 S.W.2d 734, 739 (Tex.App.-Waco 1997, no writ) (holding that governmental unit did not have actual notice because there was no evidence that a person with a duty to investigate was aware of …
discussed Cited as authority (rule) Crane County v. Saults, Randy
Tex. App. · 2003 · confidence medium
Tex. 1992) (holding that governmental unit had actual notice because it conducted thorough investigation of inmate suicide); McDonald v. State , 936 S.W.2d 734, 739 (Tex. App.--Waco 1997, no writ) (holding that governmental unit did not have actual notice because there was no evidence that a person with a duty to investigate was aware of the accident); Rosales v. Brazoria County , 764 S.W.2d 342, 345 (Tex. App.--Texarkana 1989, no writ) (holding that governmental unit had actual notice because it conducted internal investigation of car accident involving a deputy).
cited Cited as authority (rule) Gaskin v. Titus County Hospital District
Tex. App. · 1998 · confidence medium
Dinh, 896 S.W.2d at 253 ; Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.-Texarkana 1989, no writ). 31 .
discussed Cited as authority (rule) Gonzalez v. El Paso Hospital District
Tex. App. · 1997 · confidence medium
See Dinh v. *796 Harris County Hospital District, 896 S.W.2d 248 (Tex.App.—Houston [1st Dist.] 1995, writ dism’d w.o.j.Xactual notice is not limited to a particular governmental official, but may be imputed where agent with notice has duty to gather facts and investigate; hospital employees may have such duty); Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 412 (Tex.App.—El Paso 1994, writ denied)(legally and factually sufficient evidence to support deemed finding that Texas Tech had actual notice where its doctor employees had notice and prepared incident repor…
discussed Cited as authority (rule) McDonald v. State
Tex. App. · 1997 · confidence medium
Dist., 896 S.W.2d 248, 252-53 (Tex.App.— Houston [1st Dist.] 1995, writ dism’d w.o.j.); Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App. — Texarkana 1989, no writ); see City of Galveston v. Shu, 607 S.W.2d 942, 945 (Tex.Civ.App. — Houston [1st Dist.] 1980, no writ); Thermo Products, 647 S.W.2d at 731 ; City of Texarkana v. Nard, 575 S.W.2d 648, 652-53 (Tex.Civ.App. — Texarkana 1978, writ ref'd n.r.e.).
examined Cited as authority (rule) Bowles v. Wade (3×) also: Cited "see"
Tex. App. · 1995 · confidence medium
Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.—Texarkana 1989, no writ).
cited Cited as authority (rule) Dinh v. Harris County Hospital District
Tex. App. · 1995 · confidence medium
Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.— Texarkana 1989, no writ).
discussed Cited as authority (rule) Booth v. Cathey (2×)
Tex. App. · 1995 · confidence medium
Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.—Texarkana 1989, no writ); Tarrant County Hosp.
discussed Cited as authority (rule) University of Texas Medical Branch at Galveston v. Greenhouse (2×)
Tex. App. · 1994 · confidence medium
City of Houston v. Torres, 621 S.W.2d 588, 591 (Tex.1981); Parrish v. Brooks, 856 S.W.2d 522, 525 (Tex.App.— Texarkana 1993, writ denied); Cavazos v. City of Mission, 797 S.W.2d 268, 271 (Tex. App.—Corpus Christi 1990, no writ); Rosales *430 v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.—Texarkana 1989, no writ).
discussed Cited as authority (rule) Parrish v. Brooks (2×)
Tex. App. · 1993 · confidence medium
Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.-Texarkana 1989, no writ); Bourne v. Nueces County Hosp.
cited Cited as authority (rule) Davis v. Mathis
Tex. App. · 1992 · confidence medium
Rosales v. Brazoria County, 764 S.W.2d 342, 345 (Tex.App.—Texarkana 1989, no writ); City of Texarkana v. Nard, 575 S.W.2d 648, 652 (Tex.Civ.App.—Tyler 1978, writ ref’d n.r.e.).
cited Cited as authority (rule) Harris County v. Dillard
Tex. App. · 1992 · confidence medium
Harris County v. Dowlearn, 489 S.W.2d 140, 145 (Tex.Civ.App.—Houston [14th Dist.] 1972, writ ref’d n.r.e.); Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.— Texarkana 1989, no writ).
discussed Cited as authority (rule) Huckabay v. Irving Hospital Foundation
Tex. App. · 1990 · confidence medium
Collier, 598 S.W.2d at 358; see also Woomer v. City of Galveston, 765 S.W.2d 836, 839 (Tex.App. —Houston [1st Dist.] 1988, writ denied); Rosales v. Brazoria County, 764 S.W.2d 342, 344 (Tex.App.—Texarkana 1989, no writ); Tarrant County Hosp.
cited Cited "see" San Antonio Water System v. Beatriz Smith
Tex. App. · 2014 · signal: see · confidence high
See Rosales v. Brazoria Cnty., 764 S.W.2d 342, 344 (Tex.App.-Texarkana 1989, no writ) (holding county sheriffs office is not a separate governmental unit from the county itself).
discussed Cited "see" Condit v. Nueces County
Tex. App. · 1998 · signal: accord · confidence high
See Gregg County v. Farrar, 933 S.W.2d 769, 773 (Tex.App. — Austin 1996, writ denied) (holding that compliance with section 81.041 is not required where suit is brought under Whis-tleblower Act); Harris County v. Dillard, 841 S.W.2d 552, 557 (Tex.App. — Houston [1st Dist.] 1992) (holding that where suit is brought under Texas Tort Claims Act, plaintiff need not comply with section 81.041(a)), rev’d on other grounds, 883 S.W.2d 166 (Tex.1994); accord Rosales v. Brazoria County, 764 S.W.2d 342 , 344 n. 3 (Tex. App. — Texarkana 1989, no writ); Harris County v. Dowleam, 489 S.W.2d 140, 145…
discussed Cited "see" County of Bexar v. Garcia (2×)
Tex. App. · 1998 · signal: accord · confidence high
See Gregg County v. Farrar, 933 S.W.2d 769, 773 (Tex.App.—Austin 1996, writ denied) (holding that because Whistleblower Act requires plaintiffs to exhaust all remedies before suing, governmental entity is notified of claim and section 81.041 purpose is met); Harris County v. Dillard, 841 S.W.2d 552, 557 (Tex.App.—Houston [1st Dist.] 1992) (holding that plaintiffs suing county under Texas Tort Claims Act need not comply with section 81.041(a) because Act requires plaintiff to give notice of claim within six months of injury), rev’d on other grounds, 883 S.W.2d 166 (Tex.1994); accord Rosal…
discussed Cited "see, e.g." City of San Angelo v. Terrell \Terry\" Smith"
Tex. App. · 2002 · signal: see, e.g. · confidence medium
See, e.g. , Rosales v. Brazoria County , 764 S.W.2d 342, 345 (Tex. App.--Texarkana 1989, no writ) (dispatching investigators to an accident scene involving county law enforcement officer resulted in actual notice); City of Galveston v. Shu , 607 S.W.2d 942, 946 (Tex. App.--Houston [1st Dist.] 1980, no writ) (responding to "officer down" call provided sufficient circumstantial evidence to provide city with notice); Nard , 575 S.W.2d at 653 (investigating accident caused by malfunctioning traffic signal sufficient to afford city actual notice).
discussed Cited "see, e.g." City of San Angelo v. Smith
Tex. App. · 2002 · signal: see, e.g. · confidence medium
See, e.g., Rosales v. Brazoria County, 764 S.W.2d 342, 345 (Tex.App.-Texarkana 1989, no writ) (dispatching investigators to an accident scene involving county law enforcement officer resulted in actual notice); City of Galveston v. Shu, 607 S.W.2d 942, 946 (Tex.Civ.App.-Houston [1st Dist.] 1980, no writ) (responding to “officer down” call provided sufficient circumstantial evidence to provide city with notice); Nard, 575 S.W.2d at 653 (investigating accident caused by malfunctioning traffic signal sufficient to afford city actual notice).
discussed Cited "see, e.g." City of San Angelo v. Terrell \Terry\" Smith"
Tex. App. · 2002 · signal: see, e.g. · confidence medium
See, e.g., Rosales v. Brazoria County, 764 S.W.2d 342, 345 (Tex. App.—Texarkana 1989, no writ) (dispatching investigators to an accident scene involving county law enforcement officer resulted in actual notice); City of Galveston v. Shu, 607 S.W.2d 942, 946 (Tex. App.—Houston [1st Dist.] 1980, no writ) (responding to “officer down” call provided sufficient circumstantial evidence to provide city with notice); Nard, 575 S.W.2d at 653 (investigating accident caused by malfunctioning traffic signal sufficient to afford city actual notice).
Salvador ROSALES, Appellant,
v.
BRAZORIA COUNTY, Appellee
9667.
Court of Appeals of Texas.
Jan 4, 1989.
764 S.W.2d 342
Julie R. Hurley, Goodwin & Munisteri, Houston, for appellant Concha Francisco Vilches., Benito Pena, Houston, for appellant Salvador Rosales., Henry W. Prejean, Jr., Asst. Dist. Atty., Angleton, for appellee.
Cornelius.
Cited by 37 opinions  |  Published
CORNELIUS, Chief Justice.

The question presented in this appeal is whether, in a suit against a county for damages under the Tort Claims Act, [1] notice of the claim must be given to the county judge or the commissioners court, as distinguished from other county officers or representatives. We conclude that effective notice can be given to other representatives.

This action arose from a three-vehicle collision in Alvin, Texas. Concha Francisco Vilches was driving a pickup truck owned by Salvador Rosales when he entered an intersection and collided with a county-owned car driven by Michael DeJongh, a Brazoria County deputy sheriff. De-Jongh’s car then collided with a vehicle driven by Barbara Smith. It is conceded that DeJongh was in the scope of his employment at the time and was not responding to an emergency call.

The Brazoria County sheriffs department was advised of the accident immediately after it occurred. Two sheriffs deputies were sent to investigate. They gathered information for a fleet accident report and an internal investigation report. An official accident report prepared by the Alvin police department was sent to the Bra-zoria County sheriffs department a few days after the accident. A copy was placed in DeJongh’s personnel file and another copy was sent to the Brazoria County treasurer.

Gene and Barbara Smith sued Rosales and Vilches. They later amended their petition, adding Brazoria County and De-Jongh as defendants. Rosales filed a third-party action against Brazoria County, seeking contribution. The trial court granted a partial summary judgment against Rosales and in favor of Brazoria County on the ground that Rosales failed to comply with the notice provisions of the Tort Claims Act.

[*344] To assert a cause of action against a governmental unit under the Tort Claims Act, the unit must receive the notice required by Tex.Civ.Prac. & Rem.Code Ann. § 101.101 (Vernon 1986). [2] Formal notice is not required, however, if the governmental unit has actual notice. The purpose of the notice is to insure a prompt recording of claims and to enable the governmental unit to investigate and gather information to guard against unfounded claims. City of Houston v. Torres, 621 S.W.2d 588, 591 (Tex.1981).

Brazoria County contends that, in a suit against a county under the Tort Claims Act, the notice must be directly communicated to the county judge or the county commissioners, since they are the governing body of the county and are the only officials who can receive notices that bind the county. [3]

Actual notice provisions are not limited to particular local government officials. If an agent or representative who received notice had a duty to gather facts and report, the notice is imputed to the government. City of Galveston v. Shu, 607 S.W.2d 942 (Tex.Civ.App. — Houston [1st Dist.] 1980, no writ); City of Texar-kana v. Nard, 575 S.W.2d 648 (Tex.Civ. App. — Tyler 1978, writ ref’d n.r.e.). The rule of agency does not apply, however, when suit is against the State. Vela v. Cameron County, 703 S.W.2d 721 (Tex. App. — Corpus Christi 1985, writ ref’d n.r. e.).

Brazoria County argues that county government is more analogous to state government than to city government, and that the rule of agency should not apply to counties. We disagree. There are cogent reasons why the rule of agency does not apply to the State. State government is vast and compartmentalized. It is divided into three equal branches — legislative, executive and judicial — each separate and independent of the other. There is no duty for one branch to report to another branch, and no power in one to control or supervise the other. See Vela v. Cameron County, supra.

With respect to counties, however, the county as a whole constitutes the governmental unit. The commissioners court is the governing body. Tarrant County v. Ashmore, 624 S.W.2d 740 (Tex.App. — Fort Worth 1981), rev’d on other grounds, 635 S.W.2d 417 (Tex.1982), cert, denied, 459 U.S. 1038, 103 S.Ct. 452, 74 L.Ed.2d 606 (1982). Although county officials are elected and accountable to the people, they work closely with the commissioners court and are subject to certain administrative supervision from that body. The sheriff is not a separate unit of government within the meaning of the Tort Claims Act. County of Brazoria v. Radtke, 566 S.W.2d 326 (Tex.Civ.App. — Beaumont 1978, writ ref d n.r.e.); see also, Beard v. Hambrick, 396 So.2d 708 (Fla.1981).

Under the current facts, we conclude that Brazoria County had effective notice. When the governmental unit has notice of the injury, its probable fault, and the names and addresses of all involved, the notice requirement is fulfilled. The intention to file a claim is not an essential element of actual notice. Tarrant County Hospital District v. Ray, 712 S.W.2d 271 (Tex.App. — Fort Worth 1986, writ ref d n.r. e.); City of Denton v. Mathes, 528 S.W.2d 625 (Tex.Civ.App. — Fort Worth 1975, writ ref d n.r.e.).

[*345] The sheriff’s department sent its investigators to the scene immediately after the accident and filed an internal investigation report, as well as a fleet accident report. This actual notice was imputed to the county, because it came to the officers of the sheriffs department as representatives of the county at a time when they were charged with a duty to gather the facts surrounding the accident and to report to the county, by way of the internal report. See City of Texarkana v. Nard, supra.

Since the failure to give direct notice to the county judge or commissioners court does not conclusively defeat Rosales’ cause of action, summary judgment was not proper. The judgment is reversed and the cause is remanded for trial.

1

. Tex.Civ.Prac. & Rem. Code Ann. §§ 101.001, et seq. (Vernon 1986 & Supp.1989).

2

. Tex.Civ.Prac. & Rem.Code Arm. § 101.101 (Vernon 1986) provides:

(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:
(1) the damage or injury claimed;
(2) the time and place of the incident; and
(3) the incident.
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(c) The notice requirements ... do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant’s property has been damaged.
3

. The requirement of Tex. Local Gov’t Code Ann. § 81.041 (Vernon 1988), formerly Tex.Rev. Civ.Stat.Ann. art. 1573 (repealed 1987), that notice of claims against counties must be given to the commissioners court, does not apply to actions under the Tort Claims Act. Harris County v. Dowleam, 489 S.W.2d 140 (Tex.Civ.App.— Houston [14th Dist.] 1972, writ refd n.r.e.).