Texas Department of Criminal Justice v. Simons , 2002 Tex. App. LEXIS 2624 ( 2002 )

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. Nevertheless, the majority holds that this claim of no fault constituted actual notice of a claim of fault. I respectfully disagree and therefore dissent.