HOUSTON - The 14th Court of Appeals today dismissed an automobile collision lawsuit against the city of Houston.
According to the 14th Court’s opinion, after a bench trial a trial court awarded Jonathan Gonzales $250,000 in damages on his negligence claim against the city over a traffic accident between Gonzales and a peace officer.
On appeal, the city argued the trial court erred by not dismissing Gonzales’ claims for want of jurisdiction because the peace officer was responding to an emergency situation, and the officer did not exhibit conscious indifference or reckless disregard for the safety of others.
The 14th Court reversed the final judgment of the trial court and rendered judgment dismissing Gonzales’s suit for want of subject-matter jurisdiction.
Justices concluded that no evidence exists to support a finding that the officer’s actions reflected conscious indifference to or reckless disregard for the safety of others.
“[W]e hold the trial court fundamentally erred by not dismissing the case for want of subject-matter jurisdiction,” the opinion states.
Case No. 14-21-00482-CV