HOUSTON – After cutting out a good portion of claims, the 14th Court of Appeals is allowing a lawsuit against the city of Houston, brought after a fire truck allegedly ran a red light and caused a collision, to continue.
The lawsuit was filed by Chelsea Manning, along with three passengers who were also allegedly injured in the incident.
Court records show Houston Fire Department Station 82 received a dispatch call to respond to a dumpster fire at an apartment complex. Manning was driving westbound on Ludington Drive and entered an intersection on a green light when the fire truck proceeded through the red light on Fondren Road and collided with the passenger side of Manning’s car.
The fire truck was travelling at 45 miles per hour, which was 10 miles per hour over the posted speed limit for that section of Fondren Road.
In response to the lawsuit, the city moved for summary judgment, asserting that it had not waived its governmental immunity, which the trial court denied.
On appeal, the city argued it is immune because the fire truck’s driver is entitled to official immunity and that the trial court has no jurisdiction over Manning’s claims for negligent training, retention and supervision.
On April 6, the 14th Court concluded that the city failed to show that it is entitled to judgment as a matter of law but did, however, find that Manning’s pleading fails to establish a waiver of immunity for any claim predicated on negligent training, retention, or supervision.
Justices rendered judgment that those claims be dismissed, affirming the remainder of the trial court’s order denying the city’s summary judgment motion.
“Because appellees’ allegations of negligent training, retention, and supervision do not involve the operation or use of a motor-driven vehicle or the use of tangible personal property or real property, they do not demonstrate a valid waiver of immunity under the TTCA for appellees’ negligence claims against the City,” the opinion states. “Accordingly, we agree with the City that the trial court lacks jurisdiction over these claims.”
Manning is represented by Scott Armstrong, Joshua Lee and Aaron Bender.
The city is represented by Attorney Christy Martin.
Appeals case No. 14-20-00051-CV