HOUSTON - The 14th Court of Appeals recently dismissed a lawsuit brought against the city of Houston over an officer’s automobile collision.
The suit was brought by Samuel Salazar and his family.
According to the 14th Court’s Jan. 11 opinion, on Dec. 24, 2021, an HPD patrol officer responded to an emergency call. While pursuing a fleeing suspect, the officer activated his siren and emergency lights and was proceeding through an intersection when he collided with Salazar’s vehicle.
Court records show Houston eventually moved for summary judgment, arguing that the suit should be dismissed because the city had not waived governmental immunity.
The trial court denied the motion and the city appealed.
The majority of justices concluded Houston conclusively established that the officer acted in good faith, reversing the trial court’s order and rendering judgment dismissing the suit for lack of subject matter jurisdiction.
“Because we have determined that Houston conclusively established that (the officer) was entitled to official immunity and that, as a result, its own governmental immunity was not waived, we need not address Houston’s other issues raised in this appeal,” the opinion states.
Justice Margaret Poissant dissented, opining that because the city’s evidence did not address alternative actions the officer could have taken, she would conclude that the city did not prove objective good faith, and is thus not entitled to summary judgment based on official immunity.
The city is represented by Houston City Attorney Artuto G. Michel.
Appeals case No. 14-23-00061-CV