DALLAS - The Fifth Court of Appeals has reversed a ruling denying the city of Dallas’ plea to the jurisdiction in a lawsuit alleging a police officer caused an automobile collision.
Court records show Willie Boggs filed a lawsuit against Dallas alleging an officer failed to stop his police car at a stop sign without having activated his emergency lights or siren, colliding with Boggs’ vehicle and injuring him.
Boggs alleged claims under the Texas Tort Claims Act and that the trial court had jurisdiction over his claim because the TTCA waived the city’s governmental immunity.
In response to the suit, the city filed an answer and a plea to the jurisdiction asserting immunity from the litigation.
The trial court denied the plea, leading the city to appeal.
“Boggs argues Rodriguez had a mandatory duty to operate the patrol car in compliance with Dallas Police Department guidelines that bound him to use the emergency lights and siren,” states the Fifth Court’s Sept. 24 opinion. “The City argues that argument is immaterial to the question of whether Rodriguez was performing a discretionary duty.
“Instead, it argues, the proper inquiry is whether Rodriguez was operating his patrol car in an emergency situation, not how or in what manner he operated his vehicle while responding.”
On appeal, justices were tasked to decide whether the city carried its burden to show the officer was performing a discretionary duty and acting in good faith.
According to the officer’s declaration, he was responding to a dispatch and entered the intersection in good faith, determining that the potential danger posed by entering into the intersection was far less dangerous than not responding as soon as possible.
Boggs argued the officer had a ministerial duty to activate his siren and emergency lights, and that the city failed to satisfy the good faith requirement because it provided no evidence to explain why the officer did not turn on his lights and siren.
Justices concluded Boggs failed to controvert the city’s proof of good faith.
“We reverse the trial court’s order denying the City’s plea to the jurisdiction and render judgment dismissing Boggs’ claims for lack of jurisdiction,” the opinion states.
Appeals case No. 05-24-01458-CV
