Kemah officer seeks dismissal from wreck suit

John Suayan, Galveston Bureau Sep. 12, 2011, 4:57pm

GALVESTON - A Kemah police officer has filed a motion to dismiss and a conditional motion to sever in a lawsuit against him.

Matthew Louis Macik is the target of a suit filed by League City residents Robert James Beasley and Vera Ann Bila on July 15 in Galveston County Court at Law No. 3.

The plaintiffs allege the officer disregarded traffic rules and regulations when he collided with them at the intersection of Highway 146 and FM 518 on Oct. 13, 2010.

The suit states Bealey and Bila were crossing Highway 146 while Macik, who was reportedly on duty, traveled northbound in the turning lane headed to the intersection.

According to the original petition, at the time of the collision Macik was not responding to an emergency yet was driving at a high rate of speed without lights or sirens.

Macik's motion asserts that the plaintiffs' claims against him "are barred by his statutory entitlement to immunity from such suit."

The motion argues the suit should be dismissed since Beasley and Bila sued Macik "in his official capacity only as a police officer of the city of Kemah police department" unless an amended petition naming the city as the only respondent is filed within 30 days of the submission.

"If the court grants the city's motion to dismiss, it should also sever all claims against Officer Macik," the document says.

Cause No. 65,647

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