HOUSTON - The 14th Court of Appeals recently affirmed a trial court’s decision to deny the city of Houston’s motion for summary judgment in a personal injury lawsuit.
The 14th Court was tasked to consider whether a city employee was in the scope of his employment or responding to an emergency when he was in a traffic accident while driving a city vehicle.
Court records show the employee was a maintenance mechanic for the city and was responding to a service call for a fire station that had no heat when he was involved in a traffic accident with Roberto Arellano.
Arellano brought a negligence claim against the city, alleging that the city was liable for his injuries under the Texas Torts Claims Act because the employee was in the course and scope of his employment while operating a motor vehicle when the accident occurred.
Court records show the city moved for summary judgment and in a brief in support of the motion argued that it was immune under the emergency exception of the TTCA.
On Aug. 11, the 14th Court found that a fact question exists regarding whether the employee was responding to an emergency.
“Because the City failed to rebut the presumption that (the employee) was in the scope of his employment when the accident occurred and there is a material fact issue regarding whether the emergency exception applies, we affirm the trial court’s order denying the City’s motion for summary judgment based on lack of subject matter jurisdiction,” the opinion states.
Case No. 14-21-00117-CV