HOUSTON - The 14th Court of Appeals yesterday affirmed a ruling denying the city of Houston governmental immunity from a lawsuit alleging a police officer caused an automobile collision.
According to the opinion, the officer was driving an unmarked Ford F150 owned by the city and was driving to the office when he drove into the back of plaintiff Ashley Harris’s vehicle, which pushed her car into the back of the vehicle ahead of her.
Harris sued the city and the city moved unsuccessfully for traditional summary judgment on the ground of governmental immunity.
In its motion, the city argued that the The Texas Tort Claims Act limited waiver of immunity does not apply to Harris’s claims because the officer was not acting within the scope of his employment when the collision occurred.
The 14th Court concluded that the evidence is sufficient to raise a genuine issue of material fact as to whether the officer was acting within the scope of his employment at the time of the collision.
“Because the plaintiff successfully raised a genuine issue of material fact as to whether a City employee driving a City-owned vehicle was acting within the scope of his employment when the accident occurred, we affirm,” the opinion states.
Appeals case No. 14-23-00423-CV