HOUSTON - Today, the 14th Court of Appeals affirmed a ruling dismissing a lawsuit against the city of Houston that was brought over a vehicle collision with a fire truck.
According to the 14th Court’s opinion, Brian Wilson sued the city of Houston for negligence and other causes of action after the vehicle he was driving was involved in a collision with a city fire truck on an emergency call.
The city filed a motion for summary judgment alleging that Wilson had failed to provide timely notice of his claims as required by section 101.101 of the Texas Torts Claim Act (TTCA).
The trial court granted the motion and Wilson appealed, arguing that the city had actual knowledge because its employees knew that he had been injured and his vehicle was damaged and knew the fire truck driver was at fault.
The 14th Court found that Wilson failed to raise a material issue of fact regarding either timely formal notice or actual notice.
“Accordingly, the trial court did not err in granting summary judgment favoring the City and dismissing Wilson’s lawsuit,” the opinion states.
Appeals case No. 14-22-00666-CV