CORPUS CHRISTI — The 13th Court of Appeals has affirmed the city of San Juan’s immunity from a lawsuit brought over an officer’s collision.
The litigation was brought by Jose Esquivel, who claims he suffered personal in a motor vehicle accident with a San Juan police officer.
Court records show that on Oct. 3, 2024, Esquivel filed his original petition against the city, alleging negligence by a San Juan Police Department officer in the operation of his vehicle, faulting him for a collision that occurred on Feb. 27, 2023.
On Nov. 18, 2024, the city filed its combined special exceptions to Esquivel’s petition and original answer generally denying his claims. The city also asserted sovereign immunity.
On April 15, 2025, the city filed a combined plea to the jurisdiction and motion for summary judgment, arguing that its immunity from suit was not waived under the Texas Tort Claims Act, and, therefore, the trial court lacked subject-matter jurisdiction over Esquivel’s claims, according to the 13th Court’s May 21 opinion.
Specifically, the city argued that the emergency-response exception to the statutory waiver of immunity applied because the officer was responding to an emergency call at the time of the accident.
Following a hearing, the trial court signed an order granting the city’s plea and motion for summary judgment, dismissing Esquivel’s claims with prejudice.
On appeal, Esquivel argued that the judgment should be set aside because he did not receive notice of the hearing, and that such error is apparent from the record.
The 13th Court affirmed the trial court’s judgment.
“Having reviewed the record, we cannot agree,” the opinion states. “We are unable to determine from the face of the record whether notice was issued erroneously as Esquivel claims. Accordingly, we conclude that Esquivel has not established error apparent on the face of the record.”
Appeals case No. 13-25-00637-CV
