HOUSTON – The Ninth Court of Appeals concluded today that a trial court erred by denying the Texas Department of Public Safety’s plea to the jurisdiction in an automobile collision suit.
Ashley Kendziora filed suit against the DPS after a trooper ran a red light and struck her vehicle while responding to an emergency.
According to the DPS, the trooper was in a clearly-marked patrol vehicle, had activated his emergency lights and sirens and slowed down when proceeding through the intersection.
In response to the suit, the DPS filed a plea to the jurisdiction arguing it had sovereign immunity because of an emergency exception.
The trial court denied the plea and an appeal ensued.
The Ninth Court reversed the ruling, rendering a judgment that Kendziora take nothing.
“Kendziora did not present any evidence showing that (the trooper) failed to slow as necessary before entering the intersection or that he acted with reckless disregard for the safety of others,” the opinion states.
Appeal case No. 09-19-00432