Texas Court of Appeals, 9th District (Beaumont) April 11, 2002, 09-01-551 CV (Texas Department of Criminal Justice v. Simons)

DAVID B. GAULTNEY, Justice,

dissenting.

The required “actual notice” to the governmental entity is notice of a claim of fault, not simply notice of an accident. As revealed in the portion of Simons’ statement quoted in the majority opinion, Si-mons affirmatively told the government he did not claim the government or anyone else was at fault.