HOUSTON - The Fourteenth Court of Appeals has affirmed a ruling denying Harris County immunity from a lawsuit alleging a deputy ran a red light and caused an automobile collision.
Court records show Roberto Delgado filed a personal injury lawsuit against Harris County, alleging a deputy negligently caused a collision.
On Jan. 23, 2024, Delgado’s vehicle collided with a vehicle being driven by a Harris County deputy, who ran a red light while responding to a Priority 2 call for service.
In response to the suit, Harris County filed a combined plea to the jurisdiction and traditional motion for summary judgment, arguing that the trial court lacked jurisdiction over Delgado’s lawsuit because of its governmental immunity and that it was entitled to judgment as a matter of law because of the deputy’s official immunity.
The county argued that the deputy was responding to an emergency call and there was no evidence of conscious indifference or recklessness on his part, and thus the Texas Torts Claims Act did not waive its governmental immunity.
Court records show the trial court denied the city’s plea and motion for summary judgment, leading to the appeal.
Justices concluded that there was a fact issue as to whether the deputy acted recklessly, according to the court’s April 30 opinion.
“Viewed in his favor, the evidence – obstructed visibility, a wet roadway, delayed activation of lights and siren, and entry into the intersection against a red light when it would soon turn green – would permit a reasonable factfinder to conclude that the decision created a high degree of risk of serious harm,” the opinion states.
“Because the evidence raises a question of fact as to whether (the deputy) was performing a discretionary function, we cannot conclude that the City established (his) official immunity as a matter of law.”
Appeals case No. 14-25-00008-CV
