HOUSTON - The 14th Court of Appeals today dismissed a lawsuit alleging a Houston Police Department vehicle responding to an armed robbery collided with another vehicle while running a red light.
Court records show Darlin Pineda filed a personal injury lawsuit against the city of Houston alleging negligence.
The officer collided with a vehicle that Pineda was a passenger in, according to the 14th Court’s opinion.
In response to the suit, the city eventually filed a motion for summary judgment, asserting that the trial court should dismiss Pineda’s claims based on its governmental immunity.
The trial court denied the motion and the appeal followed.
On appeal, Houston argued that it retained its governmental immunity because the officer was responding to an emergency prior to the collision.
The 14th Court agreed.
“Because we conclude Houston conclusively established that the emergency exception applied to (the officer’s) response to the robbery call, we reverse the trial court’s order and dismiss appellee’s lawsuit for lack of subject matter jurisdiction,” the opinion states.
“We therefore hold that the emergency exception applies, and the Tort Claims Act does not waive Houston’s governmental immunity.”
Appeals case No. 14-23-00344-CV