HOUSTON – The First Court of Appeals recently affirmed a summary judgment win in favor of the city of Houston in litigation brought over an auto collision involving a HPD SUV.
The personal injury lawsuit against the city of Houston was filed in 2018.
Court records show that on July 6, 2017, Andre Gibbs, the appellant, was a passenger in a pick up truck that collided with a HPD SUV being driven by a city employee.
An amended complaint added Gibbs as a plaintiff on July 12, 2019 – just days after the statute of limitations had passed.
Court records show the city then moved for summary judgment on Gibbs’ claims. Gibbs failed to respond and the trial court granted the city’s motion.
Gibbs moved for a new trial, which was granted, and the city again filed a motion for summary judgment, seeking dismissal of Gibbs’ claims for lack of jurisdiction based on limitations and immunity.
The trial court ruled in the city’s favor and Gibbs’ appeal followed.
On Oct. 12, the First Court affirmed the trial court’s ruling.
“Gibbs was not named before limitations expired and later omitted in amended pleadings inadvertently,” the opinion states. “He appeared as a party for the first time after limitations had run. Thus, because Gibbs’ claims against the City are barred by limitations and do not fall within any Texas Tort Claims Act waiver, the City retained its immunity from suit and the trial court lacked subject matter jurisdiction over Gibbs’ claims.
“The trial court properly granted summary judgment for the City on Gibbs’ claims.”
Appeals case No. 01-20-00570-CV