HOUSTON - The 14th Court of Appeals has affirmed a ruling granting Harris County immunity from a lawsuit accusing a deputy of causing a vehicular crash.
The litigation was brought by Jesus Delgado, who sued the county for negligence and claims he was seriously injured in the collision.
Court records show that in January 2022 Delgado was traveling south on Mason Road in Katy. The Harris County Sheriff’s Office deputy was responding to a priority-one emergency call and driving west on Franz Road.
Approaching an intersection, the deputy had a red signal and brought his car to a complete stop. He checked cross-traffic in all directions and proceeded into the intersection from a right-turn-only lane, where Delgado collided with his vehicle.
It is disputed whether the deputy had his lights and siren activated.
In response to the suit, the county filed a plea to the jurisdiction, arguing that it was immune from the litigation.
Although the Texas Tort Claims Act waives governmental immunity in some instances, the county invoked the act’s emergency exception, which withdraws the waiver of immunity.
On March 17, justices agreed that the emergency exception applied in this case, holding that the county retains its immunity and affirming the trial court’s judgment.
The 14th Court found that Delgado failed to raise a fact issue as to whether the deputy acted recklessly, even if assuming that his patrol car’s lights and siren were not activated.
“We conclude that when an officer proceeds through a red traffic signal in response to a priority-one call and is involved in a collision, evidence that the officer did not activate audible and visual signals will not, without more, support a fact question on recklessness,” the opinion states.
“This is particularly so when, as here, the evidence is otherwise undisputed that the officer was not speeding, he came to a complete stop to look for cross-traffic before proceeding, and his line of sight was unobstructed.”
Appeals case No. 14-24-00942-CV
