HOUSTON — The First Court of Appeals has reversed a ruling denying Harris County immunity from a lawsuit brought over a deputy’s automobile collision.
Jasmine Jade Gariet sued the county under the Texas Tort Claims Act after being injured in a car accident with a Harris County Sheriff Office’s deputy, court records show.
Sometime after dark on May 22, 2022, Gariet was driving in the far-right lane of the three southbound lanes on West Sam Houston Parkway North, into the West Road intersection. The deputy was responding to a priority one emergency call about a residential burglary in progress and was traveling westbound on West Road toward West Sam Houston Parkway North in his patrol car, with lights and siren activated.
When he entered the intersection, he struck Gariet’s car. The investigating officer stated that Gariet had the green light and found that the deputy failed to clear the intersection properly. The deputy was not charged with violating any traffic laws but did receive a reprimand.
In her suit, Gariet alleged negligence and gross negligence, asserting the deputy’s actions did not comply with the laws and ordinances applicable to emergency operation of a patrol car and that he acted with conscious indifference or reckless disregard for the safety of others.
The county filed a plea to the jurisdiction, arguing that it was entitled to immunity because the emergency exception to immunity did not apply and that the deputy did not act with reckless disregard for the safety of others.
Court records show the trial court denied the plea, as well as the county’s summary judgment motion. The county appealed, arguing the trial court erred.
On Aug. 31, the First Court reversed the trial court, rendering judgment dismissing Gariet’s suit for lack of jurisdiction.
Justices concluded that Gariet failed to raise a fact issue regarding the application of the TTCA’s emergency exception to the immunity waiver.
“The undisputed evidence shows that (the deputy) was responding to a priority one emergency call after dark,” the opinion states. “He had his siren and lights activated and slowed as he entered the intersection but did not stop completely.”
Appeals case No. 01-24-00175-CV
