HOUSTON - The 14th Court of Appeals recently affirmed a ruling denying the city of Houston’s summary judgment motion in a lawsuit accusing one of its officers of causing an automobile collision.
The lawsuit was brought by Crystal Green back in 2019 and alleges that the city negligently entrusted a vehicle to the officer and negligently failed to train and supervise the officer.
Court records show that on March 18, 2017, the officer received a priority call regarding a suspicious person with a weapon. The officer responded and was driving to the scene at a speed of 35-40 mph with his emergency overhead lights activated and his siren activated intermittently. While going through an intersection, the officer crashed into Green’s vehicle.
Green sued and the city in turn filed a motion for summary judgment, arguing that it retained sovereign immunity, and that the Texas Torts Claims Act’s emergency response exception preserved the city’s immunity.
Under the official-immunity defense, a government employee may be immune from a lawsuit that arises from the performance of the employee’s discretionary duties in good faith, provided the employee was acting within the scope of the employee’s authority, court records state.
Court records show the trial court denied the motion and the city appealed.
On Jan. 11, the 14th Court affirmed the trial court’s ruling, opining that the city did not conclusively establish that the officer acted in good faith.
Case No. 14-20-00190-CV