HOUSTON - The 14th Court of Appeals recently reversed a ruling denying the Harris County Flood Control District governmental immunity in a lawsuit brought by a man who was injured when a tree he was cutting fell and struck him.
Court records show Lance Halstead sued HCFCD back in 2018. Halstead was clearing trees as a subcontractor chainsaw operator in a HCFCD right of way when he was injured.
In the litigation, Halstead asserted HCFCD’s immunity was waived because the tree was a premises defect and because the injury was caused by the use of motor-driven equipment.
The trial court denied HCFCD’s second plea to the jurisdiction, court records show.
HCFCD appealed, arguing the trial court erred.
On March 8, the 14th Court reversed the trial court, finding that Halstead’s claim is properly characterized as one based on the use of motor-driven equipment, and there is no allegation or evidence that a HCFCD employee was operating the chainsaw at the time the injury is alleged to have occurred.
“Having sustained HCFCD’s dispositive issue, we reverse the trial court’s order denying HCFCD’s plea to the jurisdiction,” the opinion states. “We render judgment dismissing Halstead’s claims against HCFCD for lack of subject-matter jurisdiction.”
Appeals case No. 14-20-00457-CV