On April 25, 2025, the Texas Supreme Court handed down its opinion in City of Killeen – Killeen Police Department v. Aamir Terry, et al.
In this proceeding, Terry sued the City of Killeen’s police department after a police cruiser, responding to a 911 call, struck his vehicle.
The city filed a plea to the jurisdiction arguing that it was immune from suit because the officer was responding to an emergency. Under the Texas Tort Claims Act, Section 101.055 states that a governmental entity is immune from suits to recover damages “from the action of an employee while responding to an emergency call or reacting to an emergency situation if the action is in compliance with the laws and ordinances applicable to emergency action, or in the absence of such a law or ordinance, if the action is not take with conscious indifference or reckless disregard for the safety of others…”
The trial court denied the plea arguing that Terry raised a fact issue as to the officer’s recklessness. The Court of Appeals affirmed the denial stating: “A governmental entity is immune from suits to recover damages resulting from the emergency operation of an emergency vehicle unless the operator acted recklessly.” Because the Court of Appeals found that Terry had raised a fact issue with respect to recklessness, the trial court was correct in denying the plea to the jurisdiction.
The Texas Supreme Court stated that the Court of Appeals and the trial court both got it wrong because they looked at the plea under the wrong statute.
First, the Texas Supreme Court used the opportunity to explain how a Court should review immunity alleged under Section 101.055. Section 101.055 “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— whether there is a fact issue as to that officer’s recklessness in undertaking the action that led to the injury.”
However, The Texas Supreme Court also noted that the Texas Tort Claims Act provides a second statutory immunity specific to 911 Responses. Section 101.062 states that the Texas Tort Claims Act applies to claims against a public agency that arises from an action… “and that involves providing 9-1-1 service or responding to a 9-1-1 emergency call only if the action violates a statute or ordinance applicable to the action.” This section has no reckless inquiry and thus immunity applies unless an officer violated a statute or ordinance and there is no consideration of recklessness.
Because Terry challenged the plea based on recklessness, and the trial court and Court of Appeals considered the denial of the plea under Section 101.055, the Texas Supreme Court remanded for consideration under the correct statute.
The Texas Supreme Court held that on remand, “the court of appeals should specifically consider Section 101.062’s application. If Terry has not raised a fact issue about whether the officer’s action ‘violated a statute or ordinance applicable to the action…, then Section 101.062 withdraws the Texas Tort Claim Act’s immunity waiver, and Terry’s claims must be dismissed.”
The full opinion can be read here:
https://www.txcourts.gov/media/1460374/220186pc.pdf
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Christopher Chapaneri a distinguished Lydecker attorney with extensive expertise in civil litigation, construction defect, premises liability, amusement park litigation, commercial motor vehicle/trucking, employment law, and environmental litigation—including mold exposure and vegetation management/overspray matters. Chapaneri also has a robust appellate practice, having successfully handled cases before the Texas Supreme Court and the Fifth Circuit Court of Appeals.
In addition, Chapaneri brings substantial experience in handling high exposure and high-risk cases, further strengthening Lydecker’s ability to serve clients across multiple industries in Texas and beyond. Chapaneri also provides services in the State of Oklahoma.
