HOUSTON - Yesterday, the First Court of Appeals dismissed a lawsuit against the city of Houston that alleged a council member struck a man with a golf cart.
Court records show John Anthony Branch filed the suit in 2020.
According to the opinion, on Oct. 13, 2018, Councilman Michael Kubosh was a passenger in a golf cart during a parade for a school’s anniversary. With the emergency brake on, the driver of the golf cart exited the vehicle. Branch approached the golf cart and leaned his elbows on the windshield. Kubosh, who was still seated in the passenger seat of the golf cart, leaned toward the driver’s side of the golf cart to speak with someone.
According to Branch, as he did so, the golf cart moved forward and struck Branch, injuring him, the opinion states.
Court records show the city moved for traditional summary judgment seeking dismissal of Branch’s claims based on immunity, which was denied by the trial court.
On appeal, the city argued that the trial court erred in denying its motion for summary judgment because the motor vehicle waiver under the Texas Tort Claims Act does not apply to privately owned vehicles or when an employee is neither operating nor using the motor vehicle, and that Branch’s untimely amendment to his petition invoking the personal property waiver under the Texas Tort Claim Act does not salvage his claims, the opinion states.
The First Court found that Branch’s allegations do not trigger the TTCA’s personal property immunity waiver because the city itself did not use the golf cart.
“We reverse the trial court’s order denying summary judgment and render judgment dismissing Branch’s suit for lack of subject matter jurisdiction,” the opinion states.
Appeals case No. 01-21-00255-CV