First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
City of Houston v. Mary Johnson, 01-23-00938-CV, (Tex. App. Houston [1st Dist.], April 8, 2025)
This is a Texas Tort Claims Act (TTCA) claim where the First District Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
The City of Houston uses a “heavy trash truck” to collect fallen tree limbs near the street. As Johnson was driving by the truck, a tree limb fell off the truck, striking her vehicle. She sued for personal injuries for the negligent operation or use of a motor vehicle. The City filed a Rule 91a motion asserting Johnson did not plead facts showing that any damage she suffered arose from the operation or use of a motor-driven vehicle or from a City employee’s negligence. The trial court denied the motion and the City appealed.
The court of appeals noted the pleadings asserted the use of a heavy trash truck (which is a motor vehicle) was being “operated” and traveling down the street picking up limbs. The court referenced pleading provisions asserting the various other facts. The court held it was not necessary that the City’s trash truck itself strike Johnson’s vehicle to satisfy the “damage arises from operation or use” requirement. The court cited other case law for the proposition that objects falling from vehicles during operation and use due to government employees’ failure to properly secure the objects satisfied the TTCA waiver requirements.
If you would like to read this opinion click here. Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil. Opinion by Justice Johnson.
