HOUSTON - A personal injury lawsuit against the city of Houston was recently reinstated by the 14th Court of Appeals.
The lawsuit was filed back in 2018 by Nicholas Hulick, who claims a HPD officer struck him while he was riding a motorcycle.
Court records show the officer had responded to a service call involving a homeless suspect causing a disturbance near the 200 block of Westheimer. Because of heavy rain, the officer operated his vehicle’s windshield wipers at full speed. After searching the area, he decided to turn around and head back to the original location of the call. While attempting to cross the westbound lanes of traffic, the officer struck Hulick’s motorcycle.
The accident report indicates that the officer “failed to yield the right of way, turning left.”
Hulick sued the city, and the city in turn filed a plea to the jurisdiction, arguing the officer’s official immunity shielded it from his claims.
A trial court granted the city’s plea and Hulick appealed, court records show.
On Feb. 1, the 14th Court concluded the officer was not performing a discretionary act, reversing and remanding the case for further proceedings.
If a government employee is performing a discretionary function, then he is protected by official immunity, regardless whether he was negligent in the exercise of his public duties, the opinion states.
“Because (the officer) was not performing a discretionary function when he struck Hulick’s motorcycle while turning, the officer is not entitled to official immunity, and the trial court erred by granting the City’s plea to the jurisdiction,” the opinion states. “Accordingly, we reverse the trial court’s order dismissing this case, and we remand to the trial court for further proceedings.”
Hulick is represented by the Spencer Fane law firm.
Case No. 14-20-00424-CV