The City of Dallas v. Estate of Yolanda Jeanne Webber, et al., 05-20-00669-CV (Tex. App. – Dallas, April 22, 2021).
This is a Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals held the City was immune from suit.
Yolanda Webber began experiencing shortness of breath while riding in a car with her family. Despite constant attempts by family and later bystanders to reach the 9-1-1 operator, none were able to get through. While paramedics from a nearby fire station were able to eventually arrive, Webber passed away shortly afterward. The family brought suit against the City asserting the negligent use of tangible personal property was the proximate cause of her death. The City filed a plea to the jurisdiction, which was denied. The City appealed.
Under the TTCA, immunity is not waived if the property’s condition or use does not proximately cause the injury or death. The Webbers allege the various components of the City’s 9-1-1 system caused Yolanda’s death by preventing her from receiving timely medical attention. However, a mere delay in treatment resulting from a malfunctioning 9-1-1 system is not a proximate cause of a claimant’s injuries for purposes of immunity waiver. Proximate causation requires that the condition or use of the property must actually have caused the injury. Property that simply hinders or delays treatment falls short. The plea should have been granted.
If you would like to read this opinion click here. Panel consists of Chief Justice Burns, Justice Myers and Justice Carlyle. Memorandum Opinion by Justice Carlyle