HOUSTON - The 14th Court of Appeals today found that a lower court erred in denying the city of Houston immunity from a lawsuit brought over an automobile collision with a fire engine.
The lawsuit was filed by Emmitt Wilson under the Texas Tort Claims Act.
According to the 14th Court’s opinion, Wilson came upon a fire engine at an intersection that had been dispatched to respond to an 18-wheeler-sedan collision. The fire engine operator concluded he needed to back up to negotiate the heavy traffic conditions in route.
When the engine began backing up with his spotter guiding, so did Wilson. But when Wilson ran out of room he had to stop before colliding with a vehicle behind him. The fire engine continued and collided into Wilson’s vehicle.
Court records show the city moved for summary judgment on immunity, which the trial court denied, leading to the city to appeal.
The city argued that it conclusively proved the elements of its official immunity defense, and that Wilson failed to establish application of the emergency exception.
The 14th Court sustained the city’s complaint that the trial court erred in denying its summary judgment on its official immunity grounds, reversing and rendering a judgment dismissing Wilson’s action.
“Wilson’s evidence fails to adequately rebut either of the contested elements of governmental immunity,” the opinion states. “On this record, to the extent the trial court’s denial of summary judgment was based on a finding that Wilson had adequately rebutted the City’s proof, we conclude such holding erroneous.
“Accordingly, with sufficient proof showing that (fire engine operator) would not be liable because he is protected by official immunity, the trial court erred in denying the City’s summary-judgment based on official immunity.”
Appeals case No. 14-22-00368-CV