City of Austin v. Adam Sahyouni

Summary

The Texas Court of Appeals, Third District, at Austin, held that the City of Austin retained governmental immunity under the Texas Tort Claims Act’s emergency exception for claims arising from an automobile collision involving an Austin police officer responding to an emergency call. Applying City of Austin v. Powell, the court concluded that the plaintiff did not establish either noncompliance with laws applicable to emergency action or recklessness by the officer. The court reversed the order denying the City’s plea to the jurisdiction and rendered judgment dismissing the case for lack of subject-matter jurisdiction.

Holdings

1. Texas Transportation Code sections 545.103 and 545.351 are generally applicable traffic rules, not laws specifically applicable to emergency action, and therefore do not satisfy the first inquiry under the Texas Tort Claims Act emergency exception.
2. Sahyouni did not raise a genuine issue of material fact that the officer acted recklessly or with conscious indifference or reckless disregard for the safety of others. The evidence showed, at most, negligence or a momentary lapse in judgment.
3. The City retained governmental immunity under the TTCA emergency exception, Sahyouni failed to affirmatively demonstrate a waiver of immunity, and the trial court therefore lacked subject-matter jurisdiction over his claims.

Questions Presented

1. Whether the Texas Tort Claims Act emergency exception withdrew any waiver of the City's governmental immunity for Sahyouni's claims.
2. Whether Sahyouni raised a genuine issue of material fact that the officer failed to comply with a law or ordinance applicable to emergency action.
3. Whether Sahyouni raised a genuine issue of material fact that the officer acted with conscious indifference or reckless disregard for the safety of others.

Disposition

reversed_and_remanded