Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
City of Killeen v Aamir Terry, et al., 22-0186 (Tex. April 25, 2025)
In this Texas Tort Claims Act (TTCA) case, the Texas Supreme Court held the emergency responder exception does not immediately apply the recklessness standard.
Plaintiff Terry sued the City of Killeen’s police department after a police cruiser responding to a 9-1-1 call struck his vehicle. The City filed a plea to the jurisdiction, which was denied. The court of appeals concluded that Terry had raised a fact issue as to the officer’s recklessness and affirmed the denial. The City appealed.
The Court held the TTCA’s emergency exception contemplates two distinct inquiries to be undertaken in a particular order. First, the court must assess whether any laws or ordinances apply to the emergency action at issue in the case. If a law or ordinance applies to the emergency action or to some aspect of it, then the jurisdictional inquiry turns on whether the officer’s action complied with the relevant law or ordinance. Only if no law or ordinance applies may the court move to the second inquiry of recklessness. The officer’s compliance with the laws and ordinances applicable to emergency action” should have preceded any recklessness inquiry. The Court also differentiated between §101.055 (emergency operation of vehicle) with §101.062 (emergency services). While § 101.055 speaks of “compliance with the laws and ordinances applicable to emergency action,” §101.062 asks whether an action “violates a statute or ordinance applicable to the action” and contains no recklessness prong. The Court held they are separate sections. The Court remanded the case with instructions that If Terry has not raised a fact issue about whether the officer’s action “violate[d] a statute or ordinance applicable to the action,” then § 101.062 withdraws waiver, and Terry’s claims must be dismissed.
If you would like to read this opinion click here. Per curiam.
