The Third Court of Appeals issued three opinions this morning. The first, which came from a case against the City of San Angelo Fire Department, explains an affirmative defense to the Texas Tort Claims Act’s waiver of sovereign immunity for claims involving the use of a motor vehicle. While sovereign immunity is usually waived in Texas in cases where a governmental employee negligently operates a motor vehicle, there is no waiver in cases where the claim arises out of the action of an employee responding to an emergency call in compliance with applicable laws and ordinances.
The plaintiff in the underlying case had sued the San Angelo Fire Department after she got into a wreck with a fire engine responding to a report of a burning daycare center. According to the Court of Appeals, San Angelo established that its fire fighter had obeyed applicable regulations in responding to the call, so the City’s sovereign immunity from the claim was not waived by the Tort Claims Act, and the trial court had no subject-matter jurisdiction over the City.
Finally, the Court found that the fire fighter in question was entitled to official immunity, as he was performing a discretionary act at the time of the accident, and he was acting in good faith as the first unit responding to what he believed was a burning daycare facility with children trapped inside.
Cause No. 03-04-00179-CV, City of San Angelo and Kelly Hood v. Hudson
The Third Court of Appeals also issued memorandum opinions in a case for termination of parental rights and a restricted appeal of a default divorce.
