HOUSTON – Today, the 14th Court of Appeals dismissed a lawsuit against the city of Houston alleging a patrol car struck a pedestrian.
Back in 2019, Michael Gantt filed suit against the city, alleging a patrol car driven by HPD officer Andrew Young struck him while he was a pedestrian on Westheimer Road.
In response to the suit, the city filed a plea to the jurisdiction on the grounds that Gantt did not comply with the notice requirement of the Texas Tort Claims Act.
Court records show the trial court denied the plea, giving rise to the appeal.
On appeal, the city argued the trial court erred by denying its’ plea because Gantt failed to provide written notice of his claim, and the city did not have actual notice of his claim.
Justices found the city’s immunity from the litigation was not waived, reversing the trial court and rendering a judgment dismissing the case.
“Because (Gantt) did not provide the required notice to the City … and there is no evidence the City had actual notice … the trial court erred by failing to dismiss (his) claims for lack of subject matter jurisdiction,” the opinion states.
Attorney Dustin Brown represents Gantt.
The city is represented by attorney Robert Higgason.
Appeals case No. 14-20-00229-CV