City of Houston v. Najla Hussein and Asha Obeid, No. 01-18-00683 (Tex. App. — Houston November 19, 2020) (mem. op.).
This is a case involving the interplay between the Texas Tort Claims Act (“TTCA”) and Texas Medical Liability Act (“TMLA”) stemming from a single motor vehicle collision. The City appealed the trial court’s order denying its motion for summary judgment and its motion to dismiss the negligence suit brought by plaintiffs, Najla Hussein and Asha Obeid.
Hussein’s mother, Obeid, was suffering chest pain and called 911 in response. First responders arrived and placed Obeid in the ambulance and began to transport Hussein and her mother to a hospital. Mid transport, Obed made a request to be transported to a different and specific hospital. In response to her request, the ambulance exited the tollway and while driving through a narrow toll booth, the left and right sides of the ambulance struck the booth allegedly causing injuries to Obed and her daughter. Plaintiffs filed suit alleging the negligent operation of a motor vehicle. The city filed a motion for summary judgment asserting the application of the TTCA’s “emergency responder exception” while also moving to dismiss their claims arguing that they constitute health care liability claims under the TMLA. The trial court denied both motions.
In considering the City’s motion to dismiss under the TMLA, the court of appeals determined that Obed’s claim constituted a health care liability claim, and as such, was required to submit an expert report, with a curriculum vitae for the expert whose opinion is offered, on a defendant physician or health care provider within 120 days of the filing of the City’s answer. See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001(a)(13), 74.351(a),(b). As no expert report was submitted, the court dismissed Obed’s claim with prejudice, reversing the trial court’s judgment. However, the TMLA claim related only to the mother (Obed) who was receiving treatment, not to Hussein. As to Hussein’s claim for personal injuries under the TTCA, the emergency responder exception requires the driver to be responding to an emergency. While lights and sirens were used when traveling to Obed’s location, her EKG was normal, and no lights and sirens were on when he impacted the toll barriers. As a result, a fact question exists on whether an emergency existed.
If you would like to read this opinion click here. Panel consists of Chief Justice Radack, Justice Goodman and Justice Countiss. Memorandum Opinion by Justice Countiss.