HOUSTON - The First Court of Appeals found today that the Texas Department of Transportation has immunity from a lawsuit brought after a trooper drove a patrol car into a home while pursuing a fleeing suspect.
The lawsuit was filed by Anita Johnson and Tameki Taylor in 2017, court records show.
According to the First Court’s opinion, the trooper was pursuing a vehicle that was making several evasive turns in and out of a residential neighborhood. While attempting to make a turn, the trooper was unable to decelerate and his patrol car went off the road and struck a brick column on the front porch of Johnson’s rental home.
Court records show DPS filed a plea to the jurisdiction, asserting that it retained its immunity under the Texas Tort Claims Act. The trial court denied the plea and the appeal followed.
On appeal, DPS argued that it retained sovereign immunity and that the trial court erred in denying its plea to the jurisdiction.
The 14th Court concluded that the trooper was entitled to official immunity for his actions, and for that reason DPS did not waive its governmental immunity, reversing and rendering a judgment of dismissal.
Appeals case No. 01-20-00397-CV