First Court of Appeals in Houston
HOUSTON - The First Court of Appeals has affirmed a ruling denying the City of Houston’s motion to dismiss an automobile collision lawsuit.
The suit was brought by Tanisha Tennon, who claims she was sideswiped when a city employee attempted to pass her vehicle without his lights or siren activated.
Tennon sued the city and employee for negligence, alleging that the employee was in the course and scope of his employment when he sideswiped her car.
She asserted that the court had jurisdiction over her claims under Section 101.021 of the Texas Tort Claims Act, which waives governmental immunity for claims involving personal injury arising from a governmental unit employee’s negligent operation or use of a motor-driven vehicle.
Asserting governmental immunity, the city moved for dismissal under Rule of Civil Procedure 91a, which was denied by the trial court, court records show.
On appeal, the city argued that Tennon did not show that the employee was in the course and scope of his employment when the collision occurred, and that she did not allege facts invoking waiver of the City’s immunity under the TTCA.
The city further argued that even if Tennon did, she did not allege facts negating the emergency or 9-1-1 exceptions to a waiver of immunity under the TTCA.
On Jan. 22, the First Court affirmed the trial court’s decision to deny the city’s motion to dismiss, holding that while the TTCA waives the city’s immunity for certain torts, that waiver is not absolute.
“Construing Tennon’s pleadings liberally, as we must, we hold she alleged sufficient facts to negate the applicability of the emergency and 9-1-1 exceptions,” the opinion states. “We affirm the trial court’s order denying the City’s Rule 91a motion to dismiss.”
The First Court also overruled the city’s first and second issues, holding that Tennon pleaded sufficient facts to invoke a waiver of governmental immunity.
Appeals case No. 01-25-00391-CV
