In The Court Of Appeals the state of Texas Fifth Court of Appeals 600 Commerce Street, suite 200 Dallas, Texas FILED IW RE: CaseNO.05-14-01303-CV Court of Appeals FEB 1 7 Z015 Lisa Matz Clerk, 5th District John Williams Appellant/ plaintiff/ prose V. Dart Transit Defendant Appellant Brief

Into Court comes now appellant and files this brief and shows the following in support therefor:

Introduction Appellant is suing Defendant for personal injuries that arose from being struck by abiker after exiting Defendant's Green Line train at Victory Station in Dallas, Dallas County Texas.

Plaintiffs Original petition.

Williams. J.V. Dart Transit pageloffj^, \\)alv] In The Court Of Appeals the State Of Texas Fifth Court of Appeals 600 Commerce Street, suite 200 Dallas, Texas 75202

RE: CaseNO.05-14-01303-CV Trial Court appealed from County Court at Law No.2 location on the fifth floor Trial Court Case NO. CC-14-00720-B

Parties Involved:

Appellant / plaintiff/ prose Defendant

John E. Williams Dart Transit System 5108 Brentwood stair road 1401 Pacific Avenue Fort Worth, Texas 76112 Dallas, Texas 75266-7255 Ph.682-240-4618 or 682-999-1039 Counsel Joycell Hollins Jewilli [email protected] fax 214-749-3660 ph. 214-749-3088 [email protected]

Williams J .V. Dart Transit page of

Williams J .V. Dart Transit page ^of4^L Statement of the case: Case NO. 05-14-01303-CV RE:

For the record.

This action is taken against Dart Transit for negligence, and premises liability due to the alleged defect that proximately caused appellant's injuries. Appellant's complaint is that Dart Transit has failed to warn, orreduce risk for their boarding and exiting passengers byposting warning signs eliminating, roller blading, skating, skate boarding, horse playing, and bike riding near, and or around the platform where passengers may board and exit the train; therefore, I was struck by an adult bike rider racing top speed on apacked platform of people, and Iwas thrown into aparked train and suffered injuries due to the lack ofwarning signs.

Williams J .V. Dart Transit page loiJX Summary of the argument:

Texas Courts have consistently required a nexus between the condition, or use of property and injury. Inplaintiffs plea to the trial court did, in fact establish a nexus between the plaintiffs injuries and the condition of defendant Dart's property. Defendant motion ofjurisdiction was ruled favored under Tex.Civ.Prac. & rem. Code section 101.021(2) of a governmental entity and amajor subdivision ofTexas created by the Texas Transportation code, and should be entitled to all governmental immunity, and all types offunding. Unless, State waived. Governmental functions are imposed on a city by law as part ofthe State's sovereignty in interest ofthe general public (1) involving for providing for health, (2) involving for providing for safety, and welfare for the general public. Governmental functions involves; policeman, fireman protection, health, sanitation services, parks, zoos, zoning, and animal control see Tex.Civ.Prac.& Rem. Code section 101.0215(a). The court must look at the full terms ofthe act to fairly divide the scope of the waiver.

Williams J.V. Dart Transit page^f 2Q INDEX OF AUTHORITIES Governmental Functions: Texas. Civ.Prac. & Rem. Code section 101.0215(b) It is important to note that the list of 36 governmental functions is excursive, while the list ofproprietary functions is not this means that, for the purposes of the act, only these 36 specifically enumerated activities are considered governmental functions. Conversely, even though the statue list three activities as "proprietary fiinctions the reality is that, for the purposes ofthe act, any activity that the city engages in that is not listed as a governmental function is considered proprietary innature. If a proprietary function is involved, and liability is established there is no limit to the amount ofdamages that may be awarded. Governmental Functions are those functions that are imposed on a city by law and are given to the city by the state, as part ofthe state's sovereignty, to be exercised by the city in the interest ofthe general public.(l) governmental functions involve providing for health, safety, and welfare ofthe general public. Examples ofgovernmental functions include (1) policemen women, and fire men women fire protection, health, and sanitation, services, parks, zoos, zoning, and animal control. TEX.Civ.Prac.& Rem. Code. 101.0215(a)

Williams. J.V. DartTransit page 5of \X (Date!

Issues Presented Plaintiff was a passenger on the Dart train (green line) at thetime theincident accident injury occurred. Plaintiffwas on defendant Dart premises a public transportation bus, and train station forthe mutual benefit of being transported from oneplace to the next on a "public transportation operated facility as a paying customer, and passenger at the time ofthe injury.

Defendant owed plaintiff a duty to exercise ordinary care to keep the premises in reasonably safe condition, such as inspect the premises to discover lost, orleft behind items suspect items, latent, defects, and generally make public area safe for travelers, or give an adequate warning ofany type of danger regarding Dart's premises with posted warning signs necessary.

(Article 1196) Where in all suits brought by or against any of the counties or incorporated cities, towns, or villages shall be by or against it in its corporate name. Defendant's conduct, and that ofits agents, servants, and all employees acting within the scope oftheir employment, constituted amajor breach ofthe duty ofordinary care owed by defendant (Dart) knew, or should have known that this unsafe condition could cause an unreasonable risk ofharm to its customers/passengers, that aboard, and exit trains specify e.g., defendant (Dart) knew ,or should have known that this unsafe condition could cause an unreasonable risk ofharm to its customers/ passengers, such as the plaintiff who would exit the train Dart's green line at victory station at the American airline center without knowledge ofan adult bike rider racing along on the platform where passengers do about, and exit the train near the train doors, and did in fact strike the plaintiffwhile he was exiting the train at Darts' Victory station American Airline Center.

Defendant failed to exercise ordinary care to try to reduce, or totally eliminate this risk, or warn Williams J .V. Dart Transit page<bpf ^ passengers aboard regarding it inthat defendant negligently did not post the proper signs stating no, roller blading, skating, skate boarding, horse playing around, and no bike riding near and around the area of the platform where passengers mayboard, and exit trains.

(Article 1197) 1201.Where in suits for recovery or personal property debts or damages, and suits for title orfor the possession oflands, orfor any right attached to or growing out ofthe same, orfor any injury or damages done thereto, may beinstituted by executors, administrators or guardians. Petitioner's injuries took place in the following manner as Plaintiff exited the (Green line) Train at Victory Station at American Airlines center onlO-18-2013 at around 6:53pm as the doors ofthe train opened up plaintiff apassenger aboard the train exited the train, and turned to the left, and took two steps southward before I was run over byan adult bike that was racing southward coming full speed from the north just behind the plaintiff, and did in fact hit the plaintiff at full force to the upper left leg where plaintiff suffered an inward deep grown strained due to the untimely incident accident, and pushing the plaintiff into the train the plaintiff lost his big blue bag that had his leather coat in it the impact from the biker caused the blue bag to be thrown under the train the blue bag was on the plaintiffs back before he was hit, and dizzy from the sudden impact, after coming to his scenes the plaintiff was looking for his blue bag that had gone under the train and almost reached under the train to retrieve the blue bag. Plaintiff soon after checked himself into alocal hospital Presbyterian in Denton, Texas where I learned of my condition to my upper left leg Ireceived apair of leg supports. On the 24th day of October, 2013 I contacted Dart and reported what happened. On the 26th day ofNovember 2013 I rechecked myself into (JPS) hospital in Fort Worth Texas where plaintiffresides. Plaintiffs meds were refilled, and Ireceived acane to help support my balance, stand, and walk normally.

Williams J .V. Dart Transit page /of il Basis of appellate Jurisdiction Hereby, immunity under the tort claims act in 1969. Texas legislature enacted the Texas tort claims actthat waived sovereign immunity for a governmental unit the state is liable for. (1) Property damage. (2) Personal injury. (3) Death. Personal injury and death so caused bya condition or use of tangible personal or property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

Proprietary functions are those functions that a city may perform inits discretion, and the functions are performed to serve the interests ofthe inhabitants ofthe city. Examples of proprietary functions include (1) Operation. (2). Maintenance of a public utility or amusements owned and operated by a city. TEX.Civ.Prac.Rem.Code section 101.0215(b). under state law, the distinction between governmental and proprietary functions is significant because the city's liability for governmental function exists only to extent that ithas been waived under the act, however, for proprietary functions, the city is liable to the same extent as aprivate entity or individual. Furthermore, if a claim arises from an ordinary premises defect, " the governmental unit owes the claimant only the duty that a private person owes a licensee on private property, unless the claimant pays for the use ofthe premises. Id at section 101.022(a).

Plaintiff has established a waiver of immunity based on premises liability. Dart claims to be a governmental entity, and political subdivision of the State of Texas, under chapter 452 of the Texas Transportation code and entitled to governmental immunity unless specifically waived by statues. The court must look at the full terms ofthe Act to determine the scope ofwaiver. Id. Under section 101.021(2) of the Act, a governmental unit.

Williams. J.V. Dart Transit page^ of ]jL | Date] Effective date for appellant purpose

1. Where in the judgment granting defendant plea to the jurisdiction is was signed October 3, 2014.

2. The notice ofappeals was served and filed on October the 10th day of 2014 from the countyat law NO.2 5th floor trial court case number CC-14-00720-B this cases was dismissed with prejudice. Liberty Mutual Ins. Co. v. Sharp. 874 S.W.2d 736, 737 TEX. App- Austin 1994, denied.

Williams J. V. DartTransit pagel of 13L

w Relief Statement Wherefore, premises considered appellant seeks to move this court in its reasonable state of law and do ask the form of relief due the plaintiffbe in the full amount allotted in the court of law. I seek damages of $ 500,000. Which is halfmillion, and the necessary signs be posted for the safety of all passengers/ customers, local or out of state travelers. Defendant hasbeen in operation for well over 30 years in transportation as a service inside the city of greater Dallas Texas also a municipality by definition.

Respectfully submitted, s?~ /Arjttfc**??-

Williams J.V. Dart Transit page^of /^ Conclusion served by mail

John E. Williams Joycell Hollins 5108 Brentwood Stair road legal department bar# 24004493 Apt 106 Fort Worth Texas761112 1401 Pacific avenue 1st floor Ph.682-240-4618 ph.214-749-3052 fax 214-749-0281 682-999-1039 E-mail [email protected] E-mail [email protected]

I hereby certify that I caused a copy ofthe foregoing to beserved byvia mail on defendant Dart transit

Williams J .V. Dart Transit pageiof INDEX

(1) Appellant brief. (2) Identity parties (3) Statement of case (4) Summary of argument (5) Index of authorities (6) Issues presented (7) (8) Basis of appellate jurisdiction (9) Effective date appellate purpose MQ) Relief statement.

Mi) Served on by mail M2) Index.

Williams J. V. Dart Transit page^ofll

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