FT. WORTH – An appeals court recently reversed a trial court's decision in favor of a driver who claimed that the city was liable after a collision with a city police officer that was responding to an emergency.
The Court of Appeals Second Appellate District of Texas at Fort Worth determined that the plaintiff failed to provide evidence that the officer acted recklessly or against emergency regulations.
The original lawsuit was filed by Craig Taylor against the City of Arlington after a car collision with a city police officer responding to an emergency. The city appealed the trial court's denial of its plea to the jurisdiction, claiming immunity under the emergency exception to the Texas Tort Claims Act.
The court reviewed the evidence presented, including the testimony of the officer, witnesses, and investigating officers. The evidence suggested that the officer had activated his emergency lights and sirens, slowed down, and scanned the intersection before entering it. Although there were disputes about the officer's actions and whether he had come to a complete stop, the court determined that Taylor failed to establish that the officer's conduct did not comply with the laws and ordinances applicable to emergency action or that the officer acted with conscious indifference or reckless disregard for others' safety.
The court emphasized that to succeed, Taylor needed to demonstrate that the officer's actions were not in line with the laws and ordinances concerning emergencies or that he acted with conscious indifference or reckless disregard. However, the evidence did not support such a finding. Therefore, the Court of Appeals reversed the trial court's decision and rendered judgment in favor of the city, dismissing Taylor's claim.