HOUSTON - Yesterday, the First Court of Appeals dismissed the city of Houston from litigation alleging an elderly woman died because emergency medical technicians from the Houston Fire Department did not properly operate a stretcher.
Court records show Kathy Denby filed suit against the city of Houston back in 2020, alleging statutory survival actions for medical malpractice and gross negligence.
According to the First Court’s opinion, Denby’s mother, Elizabeth Dot, was 94 years old in July 2020. When Dott began experiencing breathing difficulties, Denby’s husband called 9-1-1 to transport her to an emergency room. EMTs strapped Dott to the stretcher in a seated, upright position.
“When the stretcher approached the bottom of the driveway, the EMTs began rolling the stretcher sideways before clearing the uneven tip of the curb. Both Dott, who was strapped to the stretcher, and the stretcher fell sideways onto the ground,” the opinion states. “Dott suffered a broken thumb and a bleeding head wound, and she became unresponsive. She was transported to a hospital with a trauma center rather than the nearby hospital originally intended.
“Dott never regained consciousness, and she died eight days later.”
Court records show Denby served two expert reports to satisfy the Texas Medical Liability Act. The city filed a combined motion to dismiss under the TMLA and a traditional motion for summary judgment, asserting her claims were barred by governmental immunity.
The trial court denied the city’s motion to dismiss under the TMLA and motion for summary judgment, leading the city to appeal.
The First Court concluded that the city retained its immunity under the 9-1-1 Emergency Services exception to Texas Tort Claims Act and held that the trial court erred by denying its motion for summary judgment.
“Because the Legislature’s waiver of governmental immunity does not extend to Denby’s claims, we must reverse the trial court’s judgment and render judgment dismissing Denby’s suit,” the opinion states.
Appeals case No. 01-21-00422-CV