HOUSTON - The First Court of Appeals recently dismissed a lawsuit brought against the city of Houston over a police officer’s automobile collision.
In 2020, Geoffrey Frazier filed suit against the city, alleging that on Jan. 31, 2019, he was driving his car through an intersection when he was hit by a HPD patrol car, court records show.
According to Frazier, he had a green light and was already moving through the intersection when the HPD officer ran a red light and sped into the intersection at a high rate of speed.
In its answer, the city asserted governmental immunity and exemptions under the Texas Tort Claims Act.
Court records show the city then moved for summary judgment, arguing that it was entitled to judgment as a matter of law because the trial court lacks subject-matter jurisdiction over Frazier’s suit.
The city also asserted that the TTCA did not waive its governmental immunity because of the “emergency exception.”
According to the city, the officer was responding to an emergency situation at the time of the collision and had activated his emergency lights and siren.
After the trial court denied its summary judgment motion, the city appealed challenging the order, court records show.
On April 26, the First Court concluded the city’s evidence was sufficient to show that the officer’s actions complied with the law applicable to the operation of emergency vehicles.
“In sum, because the City conclusively proved that the TTCA’s ‘emergency exception’ applies to this case, it retains its governmental immunity, and we hold that the trial court erred in denying the City’s summary-judgment motion,” the opinion states.
“We reverse the trial court’s order denying the City’s summary-judgment motion and render judgment dismissing Frazier’s suit against the City for lack of subject-matter jurisdiction.”
Case No. 01-21-00318-CV