HOUSTON - The 14th Court of Appeals has affirmed a ruling denying the City of Houston governmental immunity in a case stemming from a hit-and-run accident allegedly caused by a city employee.
The lawsuit was brought by Jessica Lopez, who was a passenger on a METRO bus that was involved in a collision with a truck hauling a trailer.
Lopez accused the city of negligence, claiming the truck was owned by the city, and the driver of the truck caused the collision.
Court records show Houston filed a motion for summary judgment, arguing the trial court lacked subject-matter jurisdiction because Lopez provided no evidence to support two necessary elements for a waiver of governmental immunity under the Texas Tort Claims Act.
Specifically, Houston argued there was no evidence that the truck driver was a city employee and no evidence the truck driver was acting within his or her scope of employment with the city.
In turn, Lopez contended that more than a mere scintilla of evidence existed showing that the unidentified truck driver was using the truck in performance of his or her employment for the city because the truck was being used to transport equipment and markings on the truck established the truck was owned by the city.
Court records show the trial court denied the city’s motion for summary judgment, stating that “a waiver of sovereign immunity is present.”
On appeal, the city argued the trial court erred because Lopez failed to present any evidence that the truck was operated by a city employee acting within the scope of his or her employment.
“We disagree,” states the First Court’s June 18 opinion. “Because we conclude Lopez satisfied her burden of producing more than a scintilla of evidence on the challenged elements of waiver, we affirm the trial court’s ruling denying the City’s motion for summary judgment.”
Appeals case No. 14-25-00428-CV
