HOUSTON - The 14th Court of Appeals has affirmed a ruling denying the city of Houston’s motion to dismiss a lawsuit alleging a man died after injuring his head while running after a garbage truck.
According to the 14th Court’s Oct. 1 opinion, the case arises from a March 4, 2024 incident involving a City of Houston garbage truck and Rajendra Gudur, who fell, sustained a head injury, and ultimately died.
On Jan. 15, 2025, Gudur’s wife sued the city for negligence in causing her husband’s fatal injuries. The suit alleges Gudur was taking out his trash when he saw the city’s garbage truck approach. He attempted to flag the truck to stop, and then attempted to bang on the truck to get it to stop.
The truck refused to stop, at which point he lost his balance, fell, and struck his head on the ground.
In response to the suit, the city filed special exceptions and an original answer asserting governmental immunity, and also filed a Rule 91a motion to dismiss for failure to plead a waiver of immunity.
On March 27, 2025, the district court denied the city’s motion to dismiss. The order did not expressly rule on the city’s objections to consideration of the plaintiff’s late-filed response and second amended petition.
Justices found that the allegations illustrate that Gudur’s fall and subsequent injury occurred contemporaneously with, and in the course of, the truck’s operation.
“In short, the pleading’s allegations that the truck failed to stop while Gudur sought collection, that there was a physical interaction with the truck prompting Gudur’s resulting fall were sufficient to support a ‘basis in law’ for (the plaintiff’s) cause of action,” the opinion states.
“Having overruled the City’s complaints on appeal we affirm the trial court’s denial of the City’s Rule 91a Motion to Dismiss.”
Appeals case No. 14-25-00300-CV
