HOUSTON - The First Court of Appeals has affirmed a ruling denying the city of Houston’s motion to dismiss a lawsuit over a collision with a firetruck.
The lawsuit was brought by Myauna Wright, who sought damages from the city following a collision between her vehicle and a HFD fire engine.
According to Wright’s amended petition, on Aug. 25, 2022, she was traveling on Griggs Road when the city’s fire engine attempted to overtake her as she was trying to move out of the way. As she attempted to pull to the right side of the road, the fire engine, without warning and without waiting for her to move, attempted to get around her and caused a collision.
“The fireman operated the truck without due care and caused a collision with Plaintiff’s vehicle, striking it on the left rear and side of the vehicle,” the petition states. “Had the fireman waited a second longer or less for Plaintiff to move further to the side of the roadway, or if the fireman steered his vehicle around Plaintiff instead of (into) her vehicle, then this collision would have been avoided.
“But the fireman’s reckless disregard for the safety of others and his haste in getting past Plaintiff directly caused this loss and the resulting injury.”
On appeal, the city argued the trial court erred by denying its Rule 91a motion to dismiss because Wright did not allege facts to overcome its immunity.
The city asserted that Wright failed to plead facts that would both establish a waiver of immunity under the Texas Tort Claims Act and negate application of the 9-1-1 and emergency exceptions to the TTCA’s waiver of immunity.
On Nov. 4, the First Court affirmed the lower court’s ruling, concluding that Wright’s petition sufficiently pleaded facts that would negate the emergency exception.
“Wright alleged that she was in the midst of moving out of the way of the fire engine, pulling to the right side of the road, when the fire engine ‘without warning and without waiting for her to move’ caused a collision by attempting to move around her,” the opinion states. “Proof that the engine was attempting to move around her would also show that the engine’s driver was aware of her.
“Proof that the engine gave no warning could demonstrate to a reasonable factfinder that despite knowing that Wright’s vehicle was in the way, the driver nevertheless proceeded without any warning to nearby vehicles and without regard to the risk of a collision.”
Appeals case No. 01-24-00936-CV
