HOUSTON – Today, the First Court of Appeals concluded the city of Houston has immunity from a lawsuit alleging a firetruck dragged another vehicle for 30 feet.
The opinion stems from a lawsuit brought by Nathan White, who claims an unsecured firehose became entangled in his car’s real axel as one of the city’s firetrucks passed him on the street.
The firetruck then dragged his car for about 30 feet before the hose came free.
Court records show the city filed a plea to the jurisdiction, which the trial court granted.
On appeal, White argued the city’s immunity is waived under the Tort Claims Act’s provision for liability when personal injury is caused by a condition or use of property, as firefighters allegedly negligently stowed and secured the hose that came loose, causing his injuries.
White also argued that the emergency exception does not bar his negligence claim as a matter of law because there is evidence that the firefighters’ negligence occurred three hours before the incident.
“We hold that the emergency exception to the Tort Claims Act’s waiver of governmental immunity applies to White’s claim,” the First Court’s opinion states. “Thus, the trial court did not err in granting the City’s jurisdictional plea based on governmental immunity.”
City Attorney Ronald Lewis represents the city.
Pearland attorneys Brenton Allison and Douglas Gilman represent White.
Appeals case No. 01-20-00415